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This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA
REGISTER
VOLUME 24 ● ISSUE 08 ● Pages 488 - 592
October 15, 2009
I. EXECUTIVE ORDERS
Executive Order No. 23 ...................................................................................... 488 – 490
II. PROPOSED RULES
Agriculture and Consumer Services, Department of
Department...................................................................................................... 491
Community Colleges, Department of
Community Colleges, State Board of.............................................................. 568 – 569
Environment and Natural Resources, Department of
Environmental Management Commission ...................................................... 526 – 554
Health and Human Services, Department of
Child Care Commission .................................................................................. 491 –520
Insurance, Department of
Department...................................................................................................... 520 – 526
Occupational Licensing Boards and Commissions
Appraisal Board .............................................................................................. 556 – 568
Pharmacy, Board of.........................................................................................555 – 556
Secretary of State, Department of the
Department...................................................................................................... 554 – 555
III. EMERGENCY RULES
Community Colleges, Department of
Community Colleges, State Board of.............................................................. 571 – 572
Health and Human Services, Department of
Blind, Commission for the .............................................................................. 570 – 571
IV. RULES REVIEW COMMISSION ................................................................. 573 – 588
V. CONTESTED CASE DECISIONS
Index to ALJ Decisions ...................................................................................... 589 – 592
PUBLISHED BY
The Office of Administrative Hearings
Rules Division
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone (919) 431-3000
Fax (919) 431-3104
Julian Mann, III, Director
Camille Winston, Deputy Director
Molly Masich, Codifier of Rules
Dana Vojtko, Publications Coordinator
Julie Edwards, Editorial Assistant
Tammara Chalmers, Editorial Assistant
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
Contact List for Rulemaking Questions or Concerns
For questions or concerns regarding the Administrative Procedure Act or any of its components, consult
with the agencies below. The bolded headings are typical issues which the given agency can address,
but are not inclusive.
Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc.
Office of Administrative Hearings
Rules Division
1711 New Hope Church Road (919) 431-3000
Raleigh, North Carolina 27609 (919) 431-3104 FAX
contact: Molly Masich, Codifier of Rules molly.masich@oah.nc.gov (919) 431-3071
Dana Vojtko, Publications Coordinator dana.vojtko@oah.nc.gov (919) 431-3075
Julie Edwards, Editorial Assistant julie.edwards@oah.nc.gov (919) 431-3073
Tammara Chalmers, Editorial Assistant tammara.chalmers@oah.nc.gov (919) 431-3083
Rule Review and Legal Issues
Rules Review Commission
1711 New Hope Church Road (919) 431-3000
Raleigh, North Carolina 27609 (919) 431-3104 FAX
contact: Joe DeLuca Jr., Commission Counsel joe.deluca@oah.nc.gov (919) 431-3081
Bobby Bryan, Commission Counsel bobby.bryan@oah.nc.gov (919) 431-3079
Fiscal Notes & Economic Analysis
Office of State Budget and Management
116 West Jones Street (919) 807-4700
Raleigh, North Carolina 27603-8005 (919) 733-0640 FAX
contact: Nathan Knuffman, Asst. Budget Officer osbmruleanalysis@ncmail.net (919)807-4728
Governor’s Review
Eddie Speas eddie.speas@nc.gov
Legal Counsel to the Governor (919) 733-5811
116 West Jones Street
Raleigh, North Carolina 27603
Legislative Process Concerning Rule-making
Joint Legislative Administrative Procedure Oversight Committee
545 Legislative Office Building
300 North Salisbury Street (919) 733-2578
Raleigh, North Carolina 27611 (919) 715-5460 FAX
contact: Karen Cochrane-Brown, Staff Attorney karenc@ncleg.net
Jeff Hudson, Staff Attorney jeffreyh@ncleg.net
County and Municipality Government Questions or Notification
NC Association of County Commissioners
215 North Dawson Street (919) 715-2893
Raleigh, North Carolina 27603
contact: Jim Blackburn jim.blackburn@ncacc.org
Rebecca Troutman rebecca.troutman@ncacc.org
NC League of Municipalities (919) 715-4000
215 North Dawson Street
Raleigh, North Carolina 27603
contact: Erin L. Wynia ewynia@nclm.org
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA REGISTER
Publication Schedule for January 2009 – December 2009
FILING DEADLINES NOTICE OF TEXT PERMANENT RULE TEMPORARY
RULES
Volume &
issue
number
Issue date Last day
for filing
Earliest date for
public hearing
End of required
comment
period
Deadline to submit
to RRC
for review at
next meeting
Earliest Eff.
Date of
Permanent Rule
Delayed Eff. Date of
Permanent Rule
31st legislative day of the
session beginning:
270th day from publication
in the Register
23:13 01/02/09 12/08/08 01/17/09 03/03/09 03/20/09 05/01/09 05/2010 09/29/09
23:14 01/15/09 12/19/08 01/30/09 03/16/09 03/20/09 05/01/09 05/2010 10/12/09
23:15 02/02/09 01/09/09 02/17/09 04/03/09 04/20/09 06/01/09 05/2010 10/30/09
23:16 02/16/09 01/26/09 03/03/09 04/17/09 04/20/09 06/01/09 05/2010 11/13/09
23:17 03/02/09 02/09/09 03/17/09 05/01/09 05/20/09 07/01/09 05/2010 11/27/09
23:18 03/16/09 02/23/09 03/31/09 05/15/09 05/20/09 07/01/09 05/2010 12/11/09
23:19 04/01/09 03/11/09 04/16/09 06/01/09 06/22/09 08/01/09 05/2010 12/27/09
23:20 04/15/09 03/24/09 04/30/09 06/15/09 06/22/09 08/01/09 05/2010 01/10/10
23:21 05/01/09 04/09/09 05/16/09 06/30/09 07/20/09 09/01/09 05/2010 01/26/10
23:22 05/15/09 04/24/09 05/30/09 07/14/09 07/20/09 09/01/09 05/2010 02/09/10
23:23 06/01/09 05/08/09 06/16/09 07/31/09 08/20/09 10/01/09 05/2010 02/26/10
23:24 06/15/09 05/22/09 06/30/09 08/14/09 08/20/09 10/01/09 05/2010 03/12/10
24:01 07/01/09 06/10/09 07/16/09 08/31/09 09/21/09 11/01/09 05/2010 03/28/10
24:02 07/15/09 06/23/09 07/30/09 09/14/09 09/21/09 11/01/09 05/2010 04/11/10
24:03 08/03/09 07/13/09 08/18/09 10/02/09 10/20/09 12/01/09 05/2010 04/30/10
24:04 08/17/09 07/27/09 09/01/09 10/16/09 10/20/09 12/01/09 05/2010 05/14/10
24:05 09/01/09 08/11/09 09/16/09 11/02/09 11/20/09 01/01/10 05/2010 05/29/10
24:06 09/15/09 08/24/09 09/30/09 11/16/09 11/20/09 01/01/10 05/2010 06/12/10
24:07 10/01/09 09/10/09 10/16/09 11/30/09 12/21/09 02/01/10 05/2010 06/28/10
24:08 10/15/09 09/24/09 10/30/09 12/14/09 12/21/09 02/01/10 05/2010 07/12/10
24:09 11/02/09 10/12/09 11/17/09 01/02/10 01/20/10 03/01/10 05/2010 07/30/10
24:10 11/16/09 10/23/09 12/01/09 01/15/10 01/20/10 03/01/10 05/2010 08/13/10
24:11 12/01/09 11/05/09 12/16/09 02/01/10 02/22/10 04/01/10 05/2010 08/28/10
24:12 12/15/09 11/20/09 12/30/09 02/15/10 02/22/10 04/01/10 05/2010 09/11/10
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
EXPLANATION OF THE PUBLICATION SCHEDULE
This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling.
Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.
GENERAL
The North Carolina Register shall be published twice
a month and contains the following information
submitted for publication by a state agency:
(1) temporary rules;
(2) notices of rule-making proceedings;
(3) text of proposed rules;
(4) text of permanent rules approved by the Rules
Review Commission;
(5) notices of receipt of a petition for municipal
incorporation, as required by G.S. 120-165;
(6) Executive Orders of the Governor;
(7) final decision letters from the U.S. Attorney
General concerning changes in laws affecting
voting in a jurisdiction subject of Section 5 of
the Voting Rights Act of 1965, as required by
G.S. 120-30.9H;
(8) orders of the Tax Review Board issued under
G.S. 105-241.2; and
(9) other information the Codifier of Rules
determines to be helpful to the public.
COMPUTING TIME: In computing time in the
schedule, the day of publication of the North Carolina
Register is not included. The last day of the period so
computed is included, unless it is a Saturday, Sunday,
or State holiday, in which event the period runs until
the preceding day which is not a Saturday, Sunday, or
State holiday.
FILING DEADLINES
ISSUE DATE: The Register is published on the first
and fifteen of each month if the first or fifteenth of
the month is not a Saturday, Sunday, or State holiday
for employees mandated by the State Personnel
Commission. If the first or fifteenth of any month is
a Saturday, Sunday, or a holiday for State employees,
the North Carolina Register issue for that day will be
published on the day of that month after the first or
fifteenth that is not a Saturday, Sunday, or holiday for
State employees.
LAST DAY FOR FILING: The last day for filing for any
issue is 15 days before the issue date excluding
Saturdays, Sundays, and holidays for State
employees.
NOTICE OF TEXT
EARLIEST DATE FOR PUBLIC HEARING: The hearing
date shall be at least 15 days after the date a notice of
the hearing is published.
END OF REQUIRED COMMENT PERIOD
An agency shall accept comments on the text of a
proposed rule for at least 60 days after the text is
published or until the date of any public hearings held
on the proposed rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES REVIEW
COMMISSION: The Commission shall review a rule
submitted to it on or before the twentieth of a month
by the last day of the next month.
FIRST LEGISLATIVE DAY OF THE NEXT REGULAR
SESSION OF THE GENERAL ASSEMBLY: This date is
the first legislative day of the next regular session of
the General Assembly following approval of the rule
by the Rules Review Commission. See G.S. 150B-
21.3, Effective date of rules.
EXECUTIVE ORDERS
24:08 NORTH CAROLINA REGISTER OCTOBER 15, 2009
488
EXECUTIVE ORDERS
24:08 NORTH CAROLINA REGISTER OCTOBER 15, 2009
489
EXECUTIVE ORDERS
24:08 NORTH CAROLINA REGISTER OCTOBER 15, 2009
490
PROPOSED RULES
24:08 NORTH CAROLINA REGISTER OCTOBER 15, 2009
491
Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency
must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a
later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published
notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60
days.
Statutory reference: G.S. 150B-21.2.
TITLE 02 – DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Department of Agriculture and Consumer Services intends
to amend the rule cited as 02 NCAC 09L .1111.
Proposed Effective Date: February 1, 2010
Instructions on How to Demand a Public Hearing: (must be
requested in writing within 15 days of notice): Any person
may request a public hearing on the proposed rules by
submitting a request in writing no later than October 30,
2009, to James W. Burnette, Jr., Secretary, NC Pesticide
Board, 1090 Mail Service Center, Raleigh, NC 27699-1090.
Reason for Proposed Action: The proposed rule change
would increase the fee for private pesticide applicator
certification or recertification from $6.00 to $10.00. The fee
increase is necessary to offset the costs of the certification
program.
Procedure by which a person can object to the agency on a
proposed rule: Any person may object to the proposed rules
by submitting a written statement of objection(s) to James W.
Burnette, Jr., Secretary, NC Pesticide Board, 1090 Mail
Service Center, Raleigh, NC 27699-1090.
Comments may be submitted to: James W. Burnette, Jr.,
Secretary, NC Pesticide Board, 1090 Mail Service Center,
Raleigh, NC 27699-1090; phone (919) 733-3556; fax (919)
733-9796; email james.burnette@ncagr.gov
Comment period ends: December 14, 2009
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption
of the rule, a person may also submit written objections to the
Rules Review Commission after the adoption of the Rule. If
the Rules Review Commission receives written and signed
objections after the adoption of the Rule in accordance with
G.S. 150B-21.3(b2) from 10 or more persons clearly
requesting review by the legislature and the Rules Review
Commission approves the rule, the rule will become effective
as provided in G.S. 150B-21.3(b1). The Commission will
receive written objections until 5:00 p.m. on the day following
the day the Commission approves the rule. The Commission
will receive those objections by mail, delivery service, hand
delivery, or facsimile transmission. If you have any further
questions concerning the submission of objections to the
Commission, please call a Commission staff attorney at 919-
431-3000.
Fiscal Impact:
State
Local
Substantial Economic Impact (>$3,000,000)
None
CHAPTER 09 - FOOD AND DRUG PROTECTION
DIVISION
SUBCHAPTER 09L - PESTICIDE SECTION
SECTION .1100 - PRIVATE PESTICIDE APPLICATOR
CERTIFICATION
02 NCAC 09L .1111 CERTIFICATION
/RECERTIFICATION FEE
A nonrefundable fee of six dollars ($6.00) ten dollars ($10.00)
shall be required for private pesticide applicator certification
or recertification.
Authority G.S. 143-440(b).
TITLE 10A – DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the NC Child Care Commission intends to adopt the rules
cited as 10A NCAC 09 .0501, .1703, amend the rules cited as
10A NCAC 09 .0102, .0302, .0304, .0508-.0511, .0604, .0606,
.0701-.0702, .0802, .0901, .1403, .1702, .1718, .1721, .1724,
.2201, .2501-.2506, .2508, .2510, .2801-.2802 and repeal the
rules cited as 10A NCAC 09 .1505, .2803, .2810-.2816.
Proposed Effective Date: April 1, 2010
Public Hearing:
Date: November 5, 2009
Time: 2:30 p.m.
Location: NC Division of Child Development, 319
Chapanoke Road, Suite 120, Raleigh, NC 27603
Reason for Proposed Action: The NC Child Care
Commission is proposing rule changes in the areas of
children's health and nutrition, enriching outdoor activities
and quality school-age care, based on research reviewed on
outdoor learning environments, quality activities for school-
PROPOSED RULES
24:08 NORTH CAROLINA REGISTER OCTOBER 15, 2009
492
age care, and preventing obesity in young children. Other
changes are reformatting or a change in placement of existing
rules that are already being followed and enforced.
The Commission will repeal rules in Section .2800 that pertain
to the three component Star Rated License System. In the
2005 Legislative Session a bill was passed to make
improvements to NC's Star Rated License System. In the past,
Star Ratings of 2 to 5 Stars were determined based on a
program's compliance history, education standards, and
programs standards. Under the new system and in
accordance to G.S. 110-90(4) a minimum compliance history
is now required and the Star Ratings are based on education
and program standards. All programs have now transitioned
to the two component system and the two component rules are
currently being followed, therefore, rules referencing the three
component system are no longer needed and will be repealed.
Procedure by which a person can object to the agency on a
proposed rule: Anyone wishing to comment on these
proposed rules or to request copies of the rules should contact
Dedra Alston, Rule-making Coordinator, NC Division of Child
Development, 2201 Mail Service Center, Raleigh, NC 27699-
2201, at 919-890-7060 or Dedra.Alston@dhhs.nc.gov.
Written comments will be accepted through December 14,
2009. Oral comments may be made during the public hearing.
The Commission Chairperson may impose time limits for oral
remarks.
Comments may be submitted to: Dedra Alston, 2201 Mail
Service Center, Raleigh, NC 27699-2201, phone (919)890-
7060, fax (919)662-4568, email dedra.alston@dhhs.nc.gov
Comment period ends: December 14, 2009
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission after the adoption of the Rule. If
the Rules Review Commission receives written and signed
objections after the adoption of the Rule in accordance with
G.S. 150B-21.3(b2) from 10 or more persons clearly
requesting review by the legislature and the Rules Review
Commission approves the rule, the rule will become effective
as provided in G.S. 150B-21.3(b1). The Commission will
receive written objections until 5:00 p.m. on the day following
the day the Commission approves the rule. The Commission
will receive those objections by mail, delivery service, hand
delivery, or facsimile transmission. If you have any further
questions concerning the submission of objections to the
Commission, please call a Commission staff attorney at 919-
431-3000.
Fiscal Impact:
State
Local
Substantial Economic Impact (>$3,000,000)
None
CHAPTER 09 - CHILD CARE RULES
SECTION .0100 - DEFINITIONS
10A NCAC 09 .0102 DEFINITIONS
The terms and phrases used in this Chapter are defined as
follows except when the content of the rule requires a different
meaning. The definitions prescribed in G.S. 110-86 also apply
to these Rules.
(1) "Agency" as used in Section .2200 of this
Chapter, means Division of Child
Development, Department of Health and
Human Services located at 319 Chapanoke
Road, Suite 120, Raleigh, North Carolina
27603.
(2) "Appellant" means the person or persons
who request a contested case hearing.
(3) "Basic School-Age Care Training" (BSAC
Training) means the specialized training on
the elements of quality afterschool care for
school-age children, developed for and
approved by the Division of Child
Development. Equivalent training may be
approved if the Division determines that the
content of the training offered is
substantially equivalent to the BSAC
training. seven clock hours of training
developed by the North Carolina State
University Department of 4-H Youth
Development for the Division of Child
Development on the elements of quality
school-age care.
(4) "Child Care Program" means a single center
or home, or a group of centers or homes or
both, which are operated by one owner or
supervised by a common entity.
(5) "Child care provider" as defined by G.S.
110-90.2 (a) (2) a. and used in Section .2700
of this Chapter, includes the following
employees who have contact with the
children in a child care program: facility
directors, administrative staff, teachers,
teachers' aides, cooks, maintenance
personnel, and drivers.
(6) "Child Development Associate Credential"
means the national early childhood
credential administered by the Council for
Early Childhood Professional Recognition.
(7) "Developmentally appropriate" means
suitable to the chronological age range and
developmental characteristics of a specific
group of children.
(8) "Division" means the Division of Child
Development within the Department of
Health and Human Services.
(9) "Drop-in care" means a child care
arrangement where children attend on an
intermittent, unscheduled basis.
(10) "Early Childhood Environment Rating Scale
- Revised edition" (Harms, Clifford, and
Cryer, and Clifford, 1998, 2005, published
PROPOSED RULES
24:08 NORTH CAROLINA REGISTER OCTOBER 15, 2009
493
by Teachers College Press, New York, NY)
is the instrument used to evaluate the quality
of care received by a group of children in a
child care center, when the majority of
children in the group are two and a half
years old through five years old, to achieve
three or more points for the program
standards of a rated license. This instrument
is incorporated by reference and includes
subsequent editions. Individuals wishing to
purchase a copy may call Teachers College
Press at 1-800-575-6566. The cost of this
scale in June 2009 August 2006 is sixteen
nineteen dollars and ninety-five cents
($16.95). ($19.95). A copy of this
instrument is on file at the Division at the
address given in Item (1) of this Rule and is
available for public inspection during
regular business hours.
(11) "Family Child Care Environment Rating
Scale – Revised edition" "Family Day Care
Rating" ( Harms Harms, Cryer and Clifford,
1989, 2007, published by Teachers College
Press, New York, NY) is the instrument
used to evaluate the quality of care received
by children in family child care homes to
achieve three or more points for the program
standards of a rated license. This instrument
is incorporated by reference and includes
subsequent editions. Individuals wishing to
purchase a copy may call Teachers College
Press at 1-800-575-6566. The cost of this
scale in August 2006 June 2009 is fifteen
nineteen dollars and ninety-five cents
($15.95). ($19.95). A copy of this
instrument is on file at the Division at the
address given in Item (1) of this Rule and is
available for public inspection during
regular business hours.
(12) "First aid kit" is a collection of first aid
supplies (such as bandages, tweezers,
disposable nonporous gloves, micro shield
or face mask, liquid soap, cold pack) for
treatment of minor injuries or stabilization
of major injuries.
(12)(13) "Group" means the children assigned to a
specific caregiver or caregivers, to meet the
staff/child ratios set forth in G.S. 110-91(7)
and this Chapter, using space which is
identifiable for each group.
(14) "Health care professional" is defined as:
(a) a physician licensed in North
Carolina;
(b) a nurse practitioner approved to
practice in North Carolina;
(c) a registered nurse who holds an
unencumbered license to practice in
North Carolina;
(d) a nurse with a Bachelor of Science
degree or higher in nursing who
holds an unencumbered license to
practice in North Carolina; or
(e) a certified physician assistant.
(13)(15) "Household member" means a person who
resides in a family home as evidenced by
factors including, maintaining clothing and
personal effects at the household address,
receiving mail at the household address,
using identification with the household
address, or eating and sleeping at the
household address on a regular basis.
(14)(16) "Infant/Toddler Environment Rating Scale -
Revised edition" (Harms, Cryer, and
Clifford, 1990, 2003, published by Teachers
College Press, New York, NY) is the
instrument used to evaluate the quality of
care received by a group of children in a
child care center, when the majority of
children in the group are younger than thirty
months old, to achieve three or more points
for the program standards of a rated license.
This instrument is incorporated by reference
and includes subsequent editions.
Individuals wishing to purchase a copy may
call Teachers College Press at 1-800-575-
6566. The cost of this scale in August 2006
June 2009 is sixteen nineteen dollars and
ninety-five cents ($16.95). ($19.95). A copy
of this instrument is on file at the Division at
the address given in Item (1) of this Rule
and is available for public inspection during
regular business hours.
(15)(17) "ITS-SIDS Training" means the
Infant/Toddler Safe Sleep and SIDS Risk
Reduction Training developed for and
approved by the NC Healthy Start
Foundation for the Division of Child
Development for caregivers of children ages
12 months and younger.
(16)(18) "Licensee" means the person or entity that is
granted permission by the State of North
Carolina to operate a child care facility. The
owner of said facility shall be the licensee.
(17)(19) "North Carolina Early Childhood
Credential" means the state early childhood
credential that is based on completion of
coursework and standards found in the
North Carolina Early Childhood Instructor
Manual (published by the NC Community
College System Office). These standards
are incorporated by reference and include
subsequent amendments. A copy of the
North Carolina Early Childhood Credential
requirements is on file at the Division at the
address given in Item (1) of this Rule and is
available for public inspection or copying at
no charge during regular business hours.
PROPOSED RULES
24:08 NORTH CAROLINA REGISTER OCTOBER 15, 2009
494
(18) "Operator" means the person or entity held
legally responsible for the child care
business. The terms "operator", "sponsor",
or "licensee" may be used interchangeably.
(19)(20) "Owner" means any person with a five
percent or greater equity interest in a child
care facility. facility, however, stockholders
of corporations who own child care facilities
are not subject to mandatory criminal history
checks pursuant to G.S. 110-90.2 and G.S.
110-91(8) unless they are involved in day-to-
day operations of the child care facility.
(20)(21) "Parent" means a child's parent, legal
guardian, or full-time custodian.
(21)(22) "Part-time care" means a child care
arrangement where children attend on a
regular schedule but less than a full-time
basis.
(22)(23) "Passageway" means a hall or corridor.
(23)(24) "Person" means any individual, trust, estate,
partnership, corporation, joint stock
company, consortium, or any other group,
entity, organization, or association.
(24)(25) "Preschooler" or "preschool-aged
"preschool-age child" means any child who
does not fit the definition of school-aged
school-age child in this Rule.
(25)(26) "School-Age Care Environment Rating
Scale" (Harms, Jacobs, and White, 1996,
published by Teachers College Press) is the
instrument used to evaluate the quality of
care received by a group of children in a
child care center, when the majority of the
children in the group are older than five
years, to achieve three or more points for the
program standards of a rated license. This
instrument is incorporated by reference and
includes subsequent editions. Individuals
wishing to purchase a copy may call
Teachers College Press at 1-800-575-6566.
The cost of this scale in August 2006 June
2009 is fifteen nineteen dollars and ninety-five
cents ($15.95). ($19.95). A copy of this
instrument is on file at the Division at the
address given in Item (1) of this Rule and is
available for public inspection during
regular business hours.
(26)(27) "School-aged "School-age child" means any
child who is attending or who has attended,
a public or private grade school or
kindergarten and meets age requirements as
specified in G.S. 115C-364.
(27)(28) "Seasonal Program" means a recreational
program as set forth in G.S. 110-86(2)(b).
(28)(29) "Section" means Division of Child
Development.
(29)(30) "Substitute" means any person who
temporarily assumes the duties of a staff
person for a time period not to exceed two
consecutive months.
(30)(31) "Temporary care" means any child care
arrangement which provides either drop-in
care or care on a seasonal or other part-time
basis and is required to be regulated
pursuant to G.S. 110-86.
(32) "Track-Out Program" means any child care
provided to school-age children when they
are out of school on a year-round school
calendar.
(31)(33) "Volunteer" means a person who works in a
child care facility and is not monetarily
compensated by the facility.
Authority G.S. 110-85; 110-88; 143B-168.3.
SECTION .0300 - PROCEDURES FOR OBTAINING A
LICENSE
10A NCAC 09 .0302 APPLICATION FOR A
LICENSE FOR A CHILD CARE CENTER
(a) The individual who will be legally responsible for the
operation of the center, which includes assuring compliance
with the licensing law and standards, shall apply for a license
using the form provided by the Division. If the operator will
be a group, organization, or other entity, an officer of the
entity who is legally empowered to bind the operator shall
complete and sign the application.
(b) The applicant shall arrange for inspections of the center by
the local health, building and fire inspectors. The applicant
shall provide an approved inspection report signed by the
appropriate inspector to the Division representative.
(1) A provisional classification may be accepted
in accordance with Rule .0401(1) of this
Subchapter. Chapter.
(2) When a center does not conform with a
specific building, fire, or sanitation standard,
the appropriate inspector may submit a
written explanation of how equivalent,
alternative protection is provided. The
Division may accept the inspector's
documentation in lieu of compliance with
the specific standard. Nothing in this
Regulation is to preclude or interfere with
issuance of a provisional license pursuant to
Section .0400 of this Subchapter. Chapter.
(c) The applicant, or the person responsible for the day-to-day
operation of the center, shall be able to describe the plans for
the daily program, including room arrangement, staffing
patterns, equipment, and supplies, in sufficient detail to show
that the center shall comply with applicable requirements for
activities, equipment, and staff/child ratios for the capacity of
the center and type of license requested. The applicant shall
make the following written information available to the
Division for review to verify compliance with provisions of
this Subchapter Chapter and the licensing law:
(1) daily schedules;
(2) activity plans;
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495
(3) emergency care plan;
(4) discipline policy;
(5) incident reports;
(6) incident logs; and
(7) a copy of the certified criminal history check
for the applicant, or the applicant's designee
as defined in Rule .2701(g) of this
Subchapter, Chapter, from the Clerk of
Superior Court's office in the county or
counties where the individual has resided
during the previous 12 months.
(d) The applicant shall, at a minimum, demonstrate to the
Division representative that measures shall be implemented to
have the following information in the center's files and readily
available to the representative for review:
(1) Staff records which include an application
for employment and date of birth;
documentation of previous education,
training, and experience; medical and health
records; documentation of participation in
training and staff development activities;
and required criminal records check
documentation;
(2) Children's records which include an
application for enrollment; medical and
immunization records; and permission to
seek emergency medical care;
(3) Daily attendance records;
(4) Daily records of arrival and departure times
at the center for each child;
(4)(5) Records of monthly fire drills giving the
date each drill is held, the time of day, the
length of time taken to evacuate the
building, and the signature of the person
who conducted the drill;
(5)(6) Records of monthly playground inspections
documented on a checklist provided by the
Division; and
(6)(7) Records of medication administered.
(e) The Division representative shall measure all rooms to be
used for child care and shall assure that an accurate sketch of
the center's floor plan is part of the application packet. The
Division representative shall enter the dimensions of each
room to be used for child care, including ceiling height, and
shall show the location of the bathrooms, doors, and required
exits on the floor plan.
(f) The Division representative shall make one or more
inspections of the center and premises to assess compliance
with all applicable requirements.
(1) If all applicable requirements of G.S. 110
and this Section are met, the Division shall
issue the license.
(2) If all applicable requirements of G.S. 110
and this Section are not met, the
representative may recommend issuance of a
provisional license in accordance with
Section .0400 of this Subchapter Chapter or
the representative may recommend denial of
the application. Final disposition of the
recommendation to deny is the decision of
the Secretary.
(3) The license shall be displayed in an area that
parents are able to view daily.
(g) When a person applies for a child care center license, the
Secretary may deny the application for the license under the
following circumstances:
(1) if any child care facility license previously
held by that person has been denied, revoked
or summarily suspended by the Division;
(2) if the Division has initiated denial,
revocation or summary suspension
proceedings against any child care facility
license previously held by that person and
the person voluntarily relinquished the
license;
(3) during the pendency of an appeal of a
denial, revocation or summary suspension of
any child care facility license previously
held by that person;
(4) if the Division determines that the applicant
has a relationship with an operator or former
operator who previously held a license under
an administrative action described in
Subparagraph (g)(1), (2), or (3) of this Rule.
As used in this Rule, an applicant has a
relationship with a former operator if the
former operator would be involved with the
applicant's child care facility in one or more
of the following ways:
(A) would participate in the
administration or operation of the
facility;
(B) has a financial interest in the
operation of the facility;
(C) provides care to children at the
facility;
(D) resides in the facility; or
(E) would be on the facility's board of
directors, be a partner of the
corporation, or otherwise have
responsibility for the administration
of the business;
(5) based on the person's previous non-compliance
as an operator with the
requirements of G.S. 110 and this
Subchapter; Chapter; or
(6) if abuse or neglect has been substantiated
against the person.
Authority G.S. 110-85; 110-88(2); 110-88(5); 110-91; 110-92;
110-93; 110-99; 143B-168.3.
10A NCAC 09 .0304 ON-GOING REQUIREMENTS
FOR A PERMIT
(a) Each operator shall schedule a fire inspection within 12
months of the center's previous fire inspection. The operator is
responsible for notifying the local fire inspector when it is
time for the center's annual fire inspection. The operator shall
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496
submit the original of the completed annual fire inspection
report to the Division's representative within one week of the
inspection visit on the form provided by the Division.
(b) Each center shall be inspected at least annually by an
Environmental Health Specialist for compliance with
applicable sanitation requirements adopted by the Commission
for Public Health as described in 15A NCAC 18A .2800.
(c) A new building inspection shall not be required unless the
operator plans to begin using space not previously approved
for child care, has made renovations to the building, has added
new construction, or wants to remove any restriction related to
building codes currently on the permit.
(d) When the Division's representative documents
noncompliance during a visit, the representative may:
(1) Advise the operator to submit written
verification that the noncompliance has been
corrected;
(2) Return to the center for an unannounced
visit at a later date to determine if
compliance has been achieved; or
(3) Recommend issuance of a provisional
license in accordance with Section .0400 of
this Chapter or recommend the revocation of
the permit or administrative actions in
accordance with Section .2200 of this
Chapter.
(e) The Division shall assess the compliance history of a
center by evaluating the violations of requirements that have
occurred. Demerits shall be assigned for each occurrence of
violations of these requirements: supervision of children (6
points), staff/child ratio (6 points), staff qualifications and
training (2-5 points), health and safety practices (3-6 points),
discipline (6 points), developmentally appropriate activities
(2-4 points), adequate space (6 points), nutrition and feeding
practices (1-3 points), program records (1-3 points), and
transportation (1-3 points), if applicable. The point value of
each demerit shall be based on the potential detriment to the
health and safety of children. A compliance history percentage
shall be calculated each year by subtracting the total number
of demerits from the total demerits possible and converting to
a percentage. The yearly compliance history percentage shall
be averaged over the specified time period as in accordance
with G.S. 110-90(4) for the compliance history percentage
referenced in this Rule. A copy of the Division compliance
history score sheet used to calculate the compliance history
percentage is available for review at the address given in Rule
.0102 of this Section.
(f) Each center shall maintain accurate records and documents
as described in Rule .0302(c) and (d) of this Section, and these
records and documents shall be made available to the Division
for review to verify compliance with provisions of this
Chapter and the General Statute.
Authority G.S. 110-85; 110-88(5); 110-93; 143B-168.3; 150B-
3.
SECTION .0500 - AGE AND DEVELOPMENTALLY
APPROPRIATE ENVIRONMENTS FOR CENTERS
10A NCAC 09 .0501 STAFF/CHILD
INTERACTIONS
Staff will relate to children in positive ways by helping them
feel welcome and comfortable, treating them with respect,
listening to what they say, responding to them with acceptance
and appreciation and participating in many activities with the
children. Staff shall:
(1) Make eye contact whenever possible when
speaking to children.
(2) Engage children in conversation to share
experiences, ideas and opinions.
(3) Help children develop problem-solving
skills.
(4) Facilitate learning by providing positive
reinforcement, encouraging efforts and
recognizing accomplishments.
Authority G.S. 110-85; 110-91(8), (11); 143B-168.3.
10A NCAC 09 .0508 ACTIVITY SCHEDULES AND
PLANS FOR CENTERS
(a) All centers shall have a schedule for each group of
children posted for easy reference by parents and by
caregivers.
(1) When children two years old or older are in
care, the schedule shall:
(1)(A) The schedule shall show Show
blocks of time usually assigned to
types of activities and shall include
periods of time for both active play
and quiet play or rest.
(2)(B) Blocks Show blocks of time shall
show activities that are scheduled
for activities for indoor and outdoor
areas.
(3)(C) The activities and allotted times
reflected in the schedule shall be
Reflect times and activities that are
developmentally appropriate for the
children in care.
(4) When children two years old or
older are in care, the schedule shall
also reflect daily opportunities for
both free-choice and teacher-directed
activities.
(D) Reflect daily opportunities indoors
and outdoors for:
(i) Free-choice activities;
(ii) Teacher-directed
activities; and
(iii) A minimum total of one
hour of outdoor time
throughout the day, if
weather conditions permit.
Centers that operate for
four hours per day or less
shall provide a minimum
total of 30 minutes of
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24:08 NORTH CAROLINA REGISTER OCTOBER 15, 2009
497
outdoor time daily, if
weather conditions permit.
(2) When children under two years old are in
care, the schedule shall include regular daily
events such as arrival and departure, free
choice times, outside time and teacher-directed
activities. Interspersed among the
daily events shall be individualized
caregiving routines such as eating, napping
and toileting. There shall be a minimum of
30 minutes of outdoor time throughout the
day either as part of a small group, whole
group, or individual activity, if weather
conditions permit.
(b) All centers shall develop a written plan of
developmentally appropriate activities designed to stimulate
social, emotional, intellectual and physical development for
each group of children in care.
(1) The activity plan shall always be current and
accessible for easy reference by parents and
caregivers.
(2) The activity plan shall include at least one
daily activity for each developmental goal
specified in Paragraph (b) of this Rule.
Activities which allow children to choose to
participate with the whole group, part of the
group, or independently shall be identified.
The plan shall reflect that the children have
at least four different activities in which they
may choose to participate on a daily basis.
daily, at least one of which is outdoors, if
weather conditions permit.
(3) The activity plan shall also include a daily
gross motor activity which may occur
indoors or outdoors.
(c) The schedule and activity plan may be combined as one
document that shall always be current and posted for easy
reference by parents and caregivers.
Authority G.S. 110-85; 110-91(2),(12); 143B-168.3.
10A NCAC 09 .0509 ACTIVITIES: GENERAL
REQUIREMENTS FOR CENTERS
The learning environment consists of the indoor and outdoor
area which encourages child initiated and teacher supported
activities as follows:
(a)(1) Each center shall have developmentally
appropriate equipment and materials
accessible on a daily basis.
(b)(2) The materials and equipment indoors and
outdoors shall be sufficient to provide a
variety of play experiences which promote
the children's social, emotional, intellectual
and physical development.
(c)(3) Teacher-made and home-made equipment
and materials may be used if they are safe
and functional. Materials and equipment
that are accessible to children shall not be
coated or treated with, nor shall they
contain, toxic materials such as creosote,
pentacholorphenol, tributyl tin oxide,
dislodgeable arsenic and any finishes which
contain pesticides.
(d)(4) Developmentally appropriate equipment and
materials shall be provided for a variety of
outdoor activities which allow for vigorous
play and large muscle development. Each
child shall have the opportunity for outdoor
play each day that weather conditions
permit. The center shall provide space and
time for vigorous indoor activities when
children cannot play outdoors.
Authority G.S. 110-85; 110-91(2),(12); 143B-168.3.
10A NCAC 09 .0510 ACTIVITY AREAS:
PRESCHOOL CHILDREN TWO YEARS AND OLDER
(a) Each center shall have equipment and materials available
in activity areas on a daily basis. Centers with a licensed
capacity of three 3 to 12 children located in a residence are not
required to have activity areas, but must have equipment and
materials available daily both indoors and outdoors for the
children in care.
(b) An activity area is an identifiable space which is
accessible to the children and where related equipment and
materials are kept in an orderly fashion.
(c) Each activity area shall contain enough materials to allow
three related activities to occur at the same time. The
materials and equipment shall be in sufficient quantity to
allow at least three children to use the area regardless of
whether the children choose the same or different activities.
(d) Each center shall make at least four of the activity areas
listed in G.S. 110-91(12) available daily to preschool children
two years or older as follows:
(1) Centers with a licensed capacity of 30 or
more children shall have at least four
activity areas available in the space occupied
by each group of children.
(2) Centers with a licensed capacity of less than
30 children shall have at least four activity
areas available daily. Separate groups of
children may share use of the same activity
areas.
(3) Centers with a licensed capacity of three 3 to
12 children located in a residence shall have
at least four types of activities available
daily.
(e) In addition to the activity areas which are available each
day, each center shall have materials and equipment in
sufficient quantity, as described in Paragraph (c) of this Rule,
to ensure that activities are made available at least once per
month in each of the five activity areas listed G.S. 110-91(12).
(f) Each center shall provide materials and opportunities for
music and rhythm activities, science and nature activities, and
sand and water play for each group of children at least weekly,
once per month. indoors or outdoors.
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498
(g) When screen time, including, but not limited to, television,
videos, video games, and computer usage, is provided, it shall
be:
(1) Offered only as a free-choice activity,
(2) Limited to no more than a total of two and a
half hours per week, per child, and
(3) Used to meet a developmental goal.
Usage time periods may be extended for specific special
events, projects, or occasions such as a current event, holiday,
or birthday celebration.
Authority G.S. 110-85; 110-91(6),(12); 143B-168.3.
10A NCAC 09 .0511 ACTIVITIES FOR CHILDREN
UNDER TWO YEARS OF AGE
(a) Each center shall have developmentally appropriate toys
and activities for each child to promote the child's physical,
emotional, intellectual and social well-being including
appropriate books, blocks, dolls, pretend play materials,
musical toys, sensory toys, and fine motor toys.
(1) The materials shall be kept in an identifiable
space where related equipment and materials
are kept in identifiable groupings and must
be made available to the children for a
substantial portion of each day.
(2) The materials shall be offered in sufficient
quantity to allow all children to use them at
some point during the day and to allow for a
range of choices with duplicates of the most
popular toys.
(3) Caregivers shall make provisions for the
promotion of physical development for a
substantial portion of the day which shall
include varied, developmentally appropriate
physical activities. A safe clean, uncluttered
area that allows freedom of movement shall
be available for infants to crawl or creep and
for toddlers to move around. both indoors
and outdoors.
(4) Hands-on experiences, including both
familiar and new activities, shall be
provided to enable the infant or toddler to
learn about himself and the world. world
both indoors and outdoors.
(b) The center shall provide time and space for sleeping,
eating, toileting, diaper changing, and playing according to
each child's individual need.
(c) The caregivers shall interact in a positive manner with
each child every day, including the following ways:
(1) Caregivers shall respond promptly to an
infant or toddler's physical and emotional
needs, especially when indicated by crying
through actions such as but not limited to the
following: feeding, diapering, holding,
positive touching, smiling, talking and eye
contact.
(2) The caregiver shall recognize the special
difficulties of infant and toddler separations
and assist families, infants, and toddlers to
make the transition from home to center as
gently as possible, such as a phased-in
orientation process to allow infants and
toddlers to experience limited amounts of
time at the center before becoming fully
integrated.
(3) A caregiver or team of caregivers shall be
assigned to each infant or toddler as the
primary caregiver(s) who shall be
responsible for care the majority of the time.
(4) The caregiver shall make provision for
constructive guidance and the setting of
limits that the child can understand which
foster the infant's or toddler's ability to be
self-disciplined, as appropriate to the child's
age and development.
(5) In drop-in centers, effort shall be made to
place an infant or toddler, who uses the
center frequently, with the same caregiver.
(d) Each child shall have the opportunity to be outdoors daily
when weather conditions permit.
(e)(d) While awake, each child under the age of 12 months
shall be given the opportunity each day to play while
positioned on his or her stomach.
(e) Screen time, including, but not limited to television,
videos, video games, and computer usage, shall be prohibited.
Authority G.S. 110-85; 110-91(2),(12); 143B-168.3.
SECTION .0600 - SAFETY REQUIREMENTS FOR
CHILD CARE CENTERS
10A NCAC 09 .0604 GENERAL SAFETY
REQUIREMENTS
(a) Potentially hazardous items, such as firearms and
ammunition, archery equipment, hand and power tools, nails,
chemicals, lawn mowers, gasoline or kerosene, archery
equipment, propane stoves, whether or not intended for use by
children, shall be stored in locked areas or with other
appropriate safeguards, or shall be removed from the
premises.
(b) Firearms and ammunition are prohibited in a licensed
child care program unless carried by a law enforcement
officer.
(b)(c) Electrical outlets not in use which are located in space
used by the children shall be covered with safety plugs unless
located behind furniture or equipment that cannot be moved
by a child.
(c)(d) Electric fans shall be mounted out of the reach of
children or shall be fitted with a mesh guard to prevent access
by children.
(d)(e) All electrical appliances shall be used only in
accordance with the manufacturer's instructions.
(e)(f) Electrical cords shall not be accessible to infants and
toddlers. Extension cords, except as approved by the local fire
inspector, shall not be used. Frayed or cracked electrical cords
shall be replaced.
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499
(f)(g) All materials used for starting fires, such as matches
and lighters, shall be kept in locked storage or shall be stored
out of the reach of children.
(g)(h) Smoking is not permitted in space used by children
when children are present. All smoking materials shall be
kept in locked storage or out of the reach of children.
(h)(i) Fuel burning heaters, fireplaces and floor furnaces shall
be provided with a protective screen attached securely to
substantial supports to prevent access by children and to
prevent objects from being thrown into them.
(i)(j) Plants that are toxic shall not be in indoor or outdoor
space that is used by or is accessible to children.
(j)(k) Air conditioning units shall be located so that they are
not accessible to children or shall be fitted with a mesh guard
to prevent objects from being thrown into them.
(k)(l) Gas tanks shall be located so they are not accessible to
the children or shall be in a protective enclosure or surrounded
by a protective guard.
(l)(m) Cribs and playpens shall be placed so that the children
occupying them shall not have access to cords or ropes, such
as venetian blind cords.
(m)(n) Once a day, prior to initial use, the The indoor and
outdoor premises shall be checked daily for debris, vandalism,
and broken equipment. Debris shall be removed and disposed.
(n)(o) Plastic bags, toys, and toy parts small enough to be
swallowed, and materials that can be easily torn apart such as
foam rubber and styrofoam, shall not be accessible to children
under three years of age, except that styrofoam plates and
larger pieces of foam rubber may be used for supervised art
activities and styrofoam plates may be used for food service.
Latex and rubber balloons shall not be accessible to children
under five years of age.
(o)(p) When non-ambulatory children are in care, a crib or
other device shall be available for evacuation in case of fire or
other emergency. The crib or other device shall be fitted with
wheels in order to be easily moveable, have a reinforced
bottom, and shall be able to fit through the designated fire
exit. For centers that do not meet institutional building code,
and the exit is more than eight inches above grade, the center
shall develop a plan to ensure a safe and timely evacuation of
the crib or other device. This plan shall be demonstrated to a
Division representative for review and approval. During the
monthly fire drills required by Rule 10A NCAC 09
.0302(d)(4), the evacuation crib or other device shall be used
in the manner described in the evacuation plan.
(q) A first aid kit must always be available on site.
Authority G.S. 110-85; 110-91(3),(6); 143B-168.3.
10A NCAC 09 .0606 SAFE SLEEP POLICY
(a) Each center licensed to care for infants aged 12 months or
younger shall develop and adopt a written safe sleep policy
that:
(1) specifies that caregivers shall place infants
aged 12 months or younger on their backs
for sleeping, unless:
(A) for an infant aged six months or
less, the center receives a written
waiver of this requirement from a
health care professional, provider,
as defined in G.S. 58-50-61(a)(8);
or
(B) for an infant older than six months,
the center receives a written waiver
of this requirement from a health
care professional, provider, as
defined in G.S. 58-50-61(a)(8), or
a parent, or a legal guardian;
(2) specifies whether pillows, blankets, toys, or
other objects may be placed with a sleeping
infant aged 12 months or younger, and if so,
specifies the number and types of allowable
objects;
(3) specifies that nothing shall be placed over
the head or face of an infant aged 12 months
or younger when the infant is laid down to
sleep;
(4) specifies that the temperature in the room
where infants aged 12 months or younger
are sleeping does not exceed 75 F;
(5) specifies the means by which caregivers
shall visually check on sleeping infants aged
12 months or younger;
(6) specifies the frequency with which
caregivers shall visually check on sleeping
infants aged 12 months or younger;
(7) specifies how caregivers shall document
compliance with visually checking on
sleeping infants aged 12 months or younger
with such documents to be maintained for a
minimum of one month;
(8) specifies any other steps the center shall take
to provide a safe sleep environment for
infants aged 12 months or younger.
(b) The center shall post a copy of its safe sleep policy or a
poster about infant safe sleep practices in a prominent place in
the infant room.
(c) A copy of the center's safe sleep policy shall be given and
explained to the parents of an infant aged 12 months or
younger on or before the first day the infant attends the
center. The parent shall sign a statement acknowledging the
receipt and explanation of the policy. The acknowledgement
shall contain:
(1) the infant's name;
(2) the date the infant first attended the center;
(3) the date the center's safe sleep policy was
given and explained to the parent; and
(4) the date the parent signed the
acknowledgement.
The center shall retain the acknowledgement in the child's
record as long as the child is enrolled at the center.
(d) If a center amends its safe sleep policy, it shall give
written notice of the amendment to the parents of all enrolled
infants aged 12 months or younger at least 14 days before the
amended policy is implemented. Each parent shall sign a
statement acknowledging the receipt and explanation of the
amendment. The center shall retain the acknowledgement in
the child's record as long as the child is enrolled at the center.
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24:08 NORTH CAROLINA REGISTER OCTOBER 15, 2009
500
(e) A health care provider's professional's or parent's waiver
of the requirement that all infants aged 12 months or younger
be placed on their backs for sleeping as specified in
Subparagraph (a)(1) of this Rule shall:
(1) bear the infant's name and birth date;
(2) be signed and dated by the infant's physician
health care professional or parent; and
(3) specify the infant's authorized sleep
positions;
The center shall retain the waiver in the child's record as long
as the child is enrolled at the center.
(f) For each infant with a waiver on file at the center as
specified in Paragraph (e) of this Rule, a notice shall be posted
for quick reference near the infant's crib, bassinet, or play pen
that shall include:
(1) the infant's name;
(2) the infant's authorized sleep position; and
(3) the location of the signed waiver.
No confidential medical information, including an infant's
medical diagnosis, shall be shown on the notice.
(g) The center's safe sleep policy shall be developed and
shared with parents of infants currently enrolled within 30
days of this Rule becoming effective.
Authority G.S. 110-85; 110-91(15); 143B-168.3.
SECTION .0700 - HEALTH AND OTHER STANDARDS
FOR CENTER STAFF
10A NCAC 09 .0701 HEALTH STANDARDS FOR
STAFF
(a) All personnel, including the director, shall have on file
within 60 days of the date of employment, a statement signed
by a health care professional licensed physician or an
authorized health professional under his/her supervision, that
indicates that the person is emotionally and physically fit to
care for children. When submitted the medical statement shall
not be older than 12 months. For the purposes of this Rule, an
authorized health professional means a nurse practitioner or
physician assistant currently approved to perform medical acts
by the North Carolina Board of Medical Examiners.
(b) The Division, or the director of the child care center, may
request another evaluation of an employee's emotional and
physical fitness to care for children when there is reason to
believe that there has been deterioration in the person's
emotional or physical fitness to care for children.
(c) A test showing each employee, including the director, to
be free of active tuberculosis is required prior to employment.
The results indicating the individual is free of active
tuberculosis shall be obtained within the 12 months prior to
the date of employment.
(d) Each employee, including the director, shall also annually
submit a medical statement from a licensed physician or a
authorized health care professional, professional as defined in
(a) of this Rule, or must complete a health questionnaire
giving information about the status of his/her health on a form
provided by the Division.
(e) Staff medical statements, proof of a tuberculosis test, and
completed health questionnaires shall be included in the
employee's individual personnel file in the center.
(f) Emergency medical care information shall be on file for
each individual staff person. That information shall include
the name, address, and telephone number of the person to be
contacted in case of an emergency, the responsible party's
choice of health care provider, professional, and preferred
hospital; any chronic illness the individual has and any
medication taken for that illness; and any other information
that has a direct bearing on assuring safe medical treatment for
the individual. This emergency medical care information shall
be on file in the center on the staff person's first day of
employment. employment and shall be updated at least
annually.
Authority G.S. 110-85; 110-91(1),(8),(9); 143B-168.3.
10A NCAC 09 .0702 STANDARDS FOR
SUBSTITUTES AND VOLUNTEERS
(a) The substitute staff and volunteers who are counted in the
child care staff/child ratio shall comply with the health
standards contained in this Section.
(b) All substitutes and volunteers not included in the child
care staff/child ratio shall complete the health questionnaire
described in Rule .0701 of this Section prior to the first day of
work and will complete a health questionnaire annually
thereafter as long as they continue to work in the center.
(c) A test showing each substitute and volunteer is free of
active tuberculosis is required prior to the first day of work.
The results of the test shall be obtained within the 12 months
prior to employment or the beginning of the volunteer activity.
This requirement shall apply only to individuals who
volunteer more than once per week.
(d) The age of substitute staff and volunteers shall be verified
prior to the first day of work by documenting the substitute
staff or volunteer's date of birth in the individual's record.
Any substitute teacher shall be at least 18 years old and
literate.
(e) Emergency medical care information as described in Rule
.0701(f) of this Section shall be on file for all substitutes and
volunteers on the person's first day of work. work and shall be
updated at least annually.
Authority G.S. 110-85; 110-91(1),(8),(9); 143B-168.3.
SECTION .0800 - HEALTH STANDARDS FOR
CHILDREN
10A NCAC 09 .0802 EMERGENCY MEDICAL
CARE
(a) Each child care center shall have a written plan which
assures that emergency medical care is available or can be
obtained for children. The plan shall be reviewed during staff
orientation with new staff and with all staff at least twice each
year. This plan shall give the procedures to be followed to
assure that any child who becomes ill or is injured and
requires medical attention while at the center, or while
participating in any activity provided or sponsored by the
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501
center, receives appropriate medical attention. The following
information shall be included in the center's emergency
medical care plan:
(1) The name, address, and telephone number of
a health care professional; physician, nurse,
physician's assistant, nurse practitioner,
community clinic, or local health department
that is available to provide medical
consultation;
(2) The name, address, and telephone number of
the emergency room to be used when the
parents or family physician family's health
care professional cannot be reached or when
transporting the ill or injured child to the
person's preferred hospital could result in
serious delay in obtaining medical attention;
(3) Designation of a means of transportation
always available for use in the event of a
medical emergency;
(4) The name of the person, and his or her
alternate, at the center, responsible for
determining which of the following is
needed, carrying out that plan of action, and
assuring that appropriate medical care is
given:
(A) Simple first aid given at the center
for an injury or illness needing only
minimal attention;
(B) Advice from previously identified
medical consultant in order to
decide if care is to be given at the
center or if the ill or injured child is
to be transported to a designated
medical resource; or
(C) Immediate transportation of the
child to a designated medical
resource for appropriate treatment;
(5) The person(s) at the center responsible for:
(A) Assuring that the signed
authorization described in
Paragraph (c) of this Rule is taken
with the ill or injured child to the
medical facility;
(B) Accompanying the ill or injured
child to the medical facility;
(C) Notifying a child's parents or
emergency contact person about the
illness or injury and where the child
has been taken for treatment;
(D) Notifying the medical facility about
the ill or injured child being
transported for treatment; and
(E) Obtaining substitute staff, if
needed, to maintain required
staff/child ratio and adequate
supervision of children who remain
in the center;
(6) A statement giving the location of the
telephone located on the premises which is
in good working condition and is always
available for use in case of emergency.
Telephone numbers for the fire department,
law enforcement office, emergency medical
service, and poison control center shall be
posted near the telephone. A telephone
located in an office in the center that is
sometimes locked during the time the
children are present cannot be designated for
use in an emergency.
(b) Emergency medical care information shall be on file for
each individual child. That information shall include the
name, address, and telephone number of the parent or other
person to be contacted in case of an emergency, the
responsible party's choice of health care provider, professional
and preferred hospital; any chronic illness the individual has
and any medication taken for that illness; and any other
information that has a direct bearing on assuring safe medical
treatment for the child. This emergency medical care
information shall be on file in the center on the child's first day
of attendance. attendance and shall be updated at least
annually.
(c) Each child's parent, legal guardian, or full-time custodian
shall sign a statement authorizing the center to obtain medical
attention for the child in an emergency. That statement shall
be on file on the first day the child attends the center. It shall
be easily accessible to staff so that it can be taken with the
child whenever emergency medical treatment is necessary.
(d) An incident report shall be completed each time a child
receives medical treatment by a physician, nurse, physician's
assistant, nurse practitioner, health care professional,
community clinic, or local health department, as a result of an
incident occurring while the child is at the child care center.
This incident report shall include, at a minimum: child's name,
date and time of incident, part of body injured, type of injury,
names of adult witnesses to incident, description of how and
where incident occurred, piece of equipment involved (if any),
treatment received and steps taken to prevent reoccurrence.
This report shall be signed by the person completing it and by
the parent, and maintained in the child's file. A copy of the
incident report shall be mailed to a representative of the
Division within seven calendar days after treatment.
(e) An incident log shall be completed any time an incident
report is completed. This log shall be cumulative and
maintained in a separate file and shall be available for review
by a representative of the Division. This log shall be
completed on a form provided by the Division.
Authority G.S. 110-85; 110-91(1),(9); 143B-168.3.
SECTION .0900 - NUTRITION STANDARDS
10A NCAC 09 .0901 GENERAL NUTRITION
REQUIREMENTS
(a) Meals and snacks served shall comply with the Meal
Patterns for Children in Child Care standards which are based
on the recommended nutrient intake judged by the National
Research Council to be adequate for maintaining good
nutrition. The types of food, number and size of servings shall
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502
be appropriate for the ages and developmental levels of the
children in care. The Meal Patterns for Children in Child Care
nutrition standards are incorporated by reference and include
subsequent amendments. A copy of these standards is
available free of charge from the Division at the address in
Rule .0102(1) of this Subchapter. Chapter.
(b) Menus for nutritious meals and snacks shall be planned at
least one week in advance. At least one dated copy of the
current week's menu shall be posted where it can be seen
easily by parents and food preparation staff when food is
prepared or provided by the center, except in centers with a
licensed capacity of three 3 to 12 children located in a
residence. A variety of food shall be included in meals and
snacks. Any substitution will be of comparable food value
and will be recorded on the menu.
(c) When children bring their own food for meals or snacks to
the center, if the food does not meet the nutritional
requirements specified in Paragraph (a) of this Rule, the center
must provide additional food necessary to meet those
requirements.
(d) Drinking water must be freely available to children of all
ages and offered at frequent intervals. Approved drinking
fountains or individual drinking utensils shall be provided.
When a private water supply is used, it must be tested by and
meet the requirements of the Department of Environment and
Natural Resources.
(e) Children's special diets or food allergies shall be posted in
the food preparation area and in the child's eating area.
(f) The food required by special diets may be provided by the
center or may be brought to the center by the parents. If the
diet is prescribed by a health care provider, professional, a
statement signed by the health care provider professional shall
be on file at the center and written instructions shall be
provided by the child's parent, health care provider,
professional, or a registered dietitian. If the diet is not
prescribed by a health care provider, professional, written
instructions shall be provided by the child's parent and shall be
on file at the center.
(g) Food and beverages with little or no nutritional value
served as a snack, such as sweets, fruit drinks, soft drinks, etc.,
will be available only for special occasions.
(h) The center shall provide seating and an electrical outlet, if
needed, for mothers while they are breastfeeding or expressing
milk.
Authority G.S. 110-85; 110-91(2); 143B-168.3.
SECTION .1400 - SPACE REQUIREMENTS
10A NCAC 09 .1403 AQUATIC ACTIVITIES
(a) The requirements in this Rule apply to aquatic activities,
which are defined as activities that take place in, on, or around
a body of water such as swimming, swimming instruction,
wading, visits to water parks, and boating. Aquatic activities
do not include water play activities such as water table play,
slip and slide activities, or playing in sprinklers.
(b) For every 25 children in care participating in aquatic
activities, there shall be at least one person who has a current
life guard training certificate issued by the Red Cross or other
training determined by the Division to be equivalent to the
Red Cross training, appropriate for both the type of body of
water and type of aquatic activities. These certified lifeguards
shall not be counted in the required staff-child ratios
referenced in Paragraph (d) of this Rule.
(c) Children under the age of three shall not participate in
aquatic activities except, to the extent necessary, to implement
any child's Individualized Family Service Plan (IFSP) or
Individualized Education Program (IEP).
(d) The following staff-child ratios shall be maintained
whenever children participate in aquatic activities:
Age of Children Ratio Staff/Children
3 to 4 Years 1/8
4 to 5 Years 1/10
5 Years and Older 1/13
Notwithstanding the staff-child ratios, at no time shall there be
fewer than two staff members supervising the aquatic activity.
(e) Children shall be adequately supervised by center staff at
all times while participating in aquatic activities. Adequate
supervision shall mean that half of the center staff needed to
meet the staff-child ratios in Paragraph (d) of this Rule is in
the water and the other half is out of the water. If an uneven
number of staff are needed to meet the required staff-child
ratios, the majority shall be in the pool. Staff shall be
stationed in pre-assigned areas that will enable them at all
times to hear, see, and respond quickly to the children who are
in the water and children who are out of the water. Children
shall not enter the water before center staff are stationed in
their pre-assigned areas. Center staff shall devote their full
attention to supervising the children in their pre-assigned areas
of coverage and shall communicate with one another about
children moving from one area to another area.
(f) Prior to children participating in aquatic activities, the
center shall develop policies that address the following:
(1) aquatic safety hazards;
(2) pool and aquatic activity area supervision
including restroom or changing room use;
(3) how discipline is handled during aquatic
activities; and
(4) the facility's specific field trip and
transportation policies and procedures.
(g) Before staff first supervise children on an aquatic activity,
and annually thereafter, staff shall sign and date statements
that they have reviewed:
(1) the center policies as specified in Paragraph
(f) of this Rule;
(2) any specific guidelines provided by the pool
operator or other off-site aquatic facility;
and
(3) the requirements of this Rule.
The current statement shall be maintained in the staff person's
personnel file for one year or until it is superseded by a new
statement.
(h) Any outdoor swimming pool which is located on the child
care facility premises shall be enclosed by a fence and shall be
separated from the remaining outdoor play area by that fence.
(i) Swimming pool safety rules shall be posted near any
swimming pool located on the child care facility premises. At
a minimum, these Rules shall state:
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503
(1) the location of a first-aid kit;
(2) that only water toys are permitted;
(3) that children shall not run or push one
another;
(4) that swimming is allowed only when an
adult is present; and
(5) that glass objects are not allowed.
(j) All swimming pools used by children shall meet the
"Rules Governing Public Swimming Pools" in accordance
with 15A NCAC 18A .2500 which are incorporated by
reference, including subsequent amendments. A copy of these
Rules is on file with the Division of Child Development, 319
Chapanoke Road, Raleigh, NC 27626, 27603, or may be
obtained at no cost by writing the North Carolina Division of
Environmental Health, 1630 Mail Service Center, Raleigh, NC
27699-1630.
(k) Children shall wear an age or size appropriate life jacket
whenever they participate in boating, rafting or canoeing
activities.
Authority G.S. 110-85; 110-88(5); 110-91(1),(6); 143B-168.3.
SECTION .1500 - TEMPORARY CARE
REQUIREMENTS
10A NCAC 09 .1505 BUILDING APPROVAL FOR
SCHOOL-AGED CARE
Any building which is currently approved for school
occupancy and which houses a public or private school during
the school year shall be considered an approved building to
house any temporary care arrangement for school-aged
children only. The operator of the arrangement will be
responsible for obtaining and submitting copies of all
applicable inspection reports to document such approval.
Authority G.S. 110-92; 143B-168.3.
SECTION .1700 –FAMILY CHILD CARE HOME
REQUIREMENTS
10A NCAC 09 .1702 APPLICATION FOR A
LICENSE FOR A FAMILY CHILD CARE HOME
(a) Any person who plans to operate a family child care home
shall apply for a license using a form provided by the
Division. The applicant shall submit the completed
application, which complies with the following, to the
Division:
(1) Only one licensed family child care home
shall operate at the location address of any
home.
(2) The applicant shall list each location address
where a licensed family child care home will
operate.
(b) When a family child care home will operate at more than
one location address by cooperative arrangement among two
or more families, the following procedures shall apply:
(1) One parent whose home is used as a location
address shall be designated the coordinating
parent and shall co-sign the application with
the applicant.
(2) The coordinating parent is responsible for
knowing the current location address at all
times and shall provide the information to
the Division upon request.
(c) The applicant shall assure that the structure in which the
family child care home is located complies with the following
requirements:
(1) The North Carolina Building Code for
family child care homes or have written
approval for use as a family child care home
by the local building inspector as follows:
(A) Meet North Carolina Residential
Building Code or be a
manufactured home bearing a third
party inspection label certifying
compliance with the Federal
Manufactured Home Construction
and Safety Standards or certifying
compliance with construction
standards adopted and enforced by
the State of North Carolina.
Homes shall be installed in
accordance with North Carolina
Manufactured/Mobile Home
Regulations published by the NC
Department of Insurance.
Exception: Single wide
manufactured homes will be
limited to a maximum of three
preschool-aged preschool-age
children (not more than two may be
two years of age or less) and two
school-aged school-age children.
(B) All children are kept on the ground
level with an exit at grade.
(C) All homes are equipped with an
electrically operated (with a battery
backup) smoke detector, or one
electrically operated and one
battery operated smoke detector
located next to each other.
(D) All homes are provided with at
least one five lb. 2-A: 10-B: C type
extinguisher readily accessible for
every 2,500 square feet of floor
area.
(E) Fuel burning space heaters,
fireplaces and floor furnaces which
are listed and approved for that
installation and are provided with a
protective screen attached securely
to substantial supports will be
allowed. However, unvented fuel
burning heaters and portable
electric space heaters of all types
are prohibited.
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504
(2) All indoor areas used by children are heated
in cool weather and ventilated in warm
weather.
(3) Hot pipes or radiators which are accessible
to the children are covered or insulated.
(4) Accommodations for breastfeeding mothers
shall be provided that include seating and an
electrical outlet for mothers while they are
breastfeeding or expressing milk.
(d) The applicant shall also submit supporting documentation
with the application for a license to the Division. The
supporting documentation shall include a copy of the certified
criminal history check from the Clerk of Superior Court's
office in the county or counties where the applicant and any
household member(s) over age 15, have resided during the
previous 12 months; a copy of documentation of completion
of a first aid and cardiopulmonary resuscitation (CPR) course;
proof of negative results of the applicant's tuberculosis test
completed within the past 12 months; a completed health
questionnaire; a copy of current pet vaccinations for any pet in
the home; a negative well water bacteriological analysis if the
home has a private well; copies of any inspections required by
local ordinances; and any other documentation required by the
Division according to these Rules to support the issuance of a
license.
(e) Upon receipt of a complete application and supporting
documentation, a Division representative shall make an
announced visit to each home unless the applicant meets the
criteria in Paragraph (g) of this Rule to determine compliance
with the requirements to offer technical assistance when
needed, and to provide information about local resources.
(1) If all applicable requirements of G.S. 110
and this Section are met, a license shall be
issued.
(2) If the applicable requirements are not met
but the applicant has the potential to comply,
the Division representative shall establish
with the applicant a time period for the
home to achieve full compliance. If the
Division representative determines that all
applicable requirements are met within the
established time period, a license shall be
issued.
(3) If all applicable requirements are not met or
cannot be met within the established time,
the Division shall deny the application.
Final disposition of the recommendation to
deny is the decision of the Division.
(f) The Division may allow the applicant to temporarily
operate prior to the Division representative's visit described in
Paragraph (e) of this Rule, when the applicant is currently
licensed as a family child care home operator, needs to
relocate, notifies the Division of the relocation, and the
Division representative is unable to visit before the relocation
occurs. A person is not able to operate legally until he or she
has received from the Division either temporary permission to
operate or a license.
(g) When a person applies for a family child care home
license, the Secretary may deny the application for the license
under the following circumstances:
(1) if any child care facility license previously
held by that person has been denied, revoked
or summarily suspended by the Division;
(2) if the Division has initiated denial,
revocation or summary suspension
proceedings against any child care facility
license previously held by that person and
the person voluntarily relinquished the
license;
(3) during the pendency of an appeal of a
denial, revocation or summary suspension of
any child care facility license previously
held by that person;
(4) if the Division determines that the applicant
has a relationship with an operator or former
operator who previously held a license under
an administrative action described in
Subparagraph (g)(1), (2), or (3) of this Rule.
As used in this Rule, an applicant has a
relationship with a former operator if the
former operator would be involved with the
applicant's child care facility in one or more
of the following ways:
(A) would participate in the
administration or operation of the
facility;
(B) has a financial interest in the
operation of the facility;
(C) provides care to the children at the
facility;
(D) resides in the facility; or
(E) would be on the facility's board of
directors, be a partner of the
corporation, or otherwise have
responsibility for the administration
of the business;
(5) based on the person's previous non-compliance
as an operator with the
requirements of G.S. 110 and this
Subchapter; Chapter; or
(6) if abuse or neglect has been substantiated
against the person, or if abuse or neglect was
substantiated against a household member.
(h) Use of the license is limited to the following conditions:
(1) The license cannot be bought, sold, or
transferred from one individual to another.
(2) The license is valid only for the location
address/addresses listed on it.
(3) The license must be returned to the Division
in the event of termination, revocation,
suspension, or summary suspension.
(4) The license shall be displayed in a
prominent place that parents are able to view
daily and shall be shown to each child's
parent when the child is enrolled.
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505
(i) A licensee is responsible for notifying the Division
whenever a change occurs which affects the information
shown on the license.
Authority G.S. 110-85; 110-88(5); 110-91; 110-93; 110-99;
143B-168.3.
10A NCAC 09 .1703 CAREGIVER INTERACTIONS
Caregivers will relate to children in positive ways by helping
them feel welcome and comfortable, treating them with
respect, listening to what they say, responding to them with
acceptance and appreciation and participating in many
activities with the children. Caregivers shall:
(1) Make eye contact whenever possible when
speaking to children.
(2) Actively engage children in conversation to
share experiences, ideas and opinions.
(3) Help children develop problem-solving
skills.
(4) Facilitate learning by providing positive
reinforcement, encouraging efforts and
recognizing accomplishments.
Authority G.S. 110-85; 110-91(8), (11); 143B-168.3.
10A NCAC 09 .1718 REQUIREMENTS FOR DAILY
OPERATIONS
The operator shall provide the following on a daily basis for
all children in care:
(1) Meals and snacks which comply with the
Meal Patterns for Children in Child Care
standards which are based on the
recommended nutrient intake judged by the
National Research Council to be adequate
for maintaining good nutrition. The types of
food and number and size of servings shall
be appropriate for the ages and
developmental levels of the children in care.
The Meal Patterns for Children in Child
Care nutrition standards are incorporated by
reference and include subsequent
amendments. A copy of these standards is
available free of charge from the Division at
the address in Rule .0102 of this Chapter.
(2) No child shall go more than four hours
without a meal or a snack being provided.
(3) Drinking water shall be freely available to
children and offered at frequent intervals.
(4) When milk, milk products, or fruit juices are
provided by the operator, only pasteurized
products or products which have undergone
an equivalent process to pasteurization shall
be used. Any formula which is prepared by
the operator shall be prepared according to
the instructions on the formula package or
label, or according to written instructions
from the child's health care provider.
professional.
(5) Each infant shall be held for bottle feeding
until able to hold his or her own bottle.
Bottles shall not be propped. Each child
shall be held or placed in feeding chairs or
other age-appropriate seating apparatus to be
fed.
(6) The parent or health care provider
professional of each child under 15 months
of age shall provide the operator an
individual written feeding schedule for the
child. This schedule shall be followed at the
home. This schedule shall include the child's
name, be signed by the parent or health care
provider, professional, and be dated when
received by the operator. Each infant's
schedule shall be modified in consultation
with the child's parent or health care
provider professional to reflect changes in
the child's needs as he or she develops.
(7) Frequent opportunities for outdoor play or
fresh air. Developmentally appropriate
equipment and materials shall be provided
for a variety of outdoor activities which
allow for vigorous play, large and small
muscle development and social, emotional,
and intellectual development. Each child
shall have the opportunity for outdoor play
each day that weather conditions permit.
The operator shall provide space and time
for vigorous indoor activities when children
cannot play outdoors.
(8) An individual sleeping space such as a bed,
crib, play pen, cot, mat, or sleeping bag with
individual linens for each pre-school aged
child in care for four hours or more, or for
all children if overnight care is provided, to
rest comfortably. Individual sleep
requirements for infants aged 12 months or
younger shall be provided for as specified in
10A NCAC 09 .1724(a)(2). Linens shall be
changed weekly or whenever they become
soiled or wet.
(9) A quiet, separate area which can be easily
supervised for children too sick to remain
with other children. Parents shall be notified
immediately if their child becomes too sick
to remain in care.
(10) Adequate supervision as described below:
(a) For children who are awake, staff
shall interact with the children
while moving about the indoor or
outdoor area, and shall be able to
hear and see the children at all
times, except when emergencies
necessitate that direct supervision is
impossible for brief periods of
time.
(b) For children who are sleeping or
napping, the staff are not required
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506
to visually supervise them, but shall
be able to hear and respond quickly
to them. Children shall not sleep or
nap in a room with a closed door
between the children and the
supervising staff. The staff shall be
on the same level of the home
where children are sleeping or
napping.
(11) A safe sleep environment by ensuring that
when a child is sleeping or napping, bedding
or other objects shall not be placed in a
manner that covers the child's face.
(12) The opportunity each day for each child
under the age of 12 months to play while
awake while positioned on his or her
stomach.
(13) Developmentally appropriate activities as
planned on a written schedule. Materials or
equipment shall be available indoors and
outdoors to support the activities listed on
the written schedule. The written schedule
shall:
(a) Show blocks of time usually
assigned to types of activities and
shall include periods of time for
both active play and quiet play or
rest; and
(b) Be displayed in a place where
parents are able to view; and
(c) Reflect daily opportunities for both
free-choice and guided activities.
activities;
(d) Include a minimum of one hour of
outdoor play throughout the day, if
weather conditions permit; and
(e) Include a daily gross motor activity
which may occur indoors or
outdoors.
(14) When screen time, including, but not limited
to television, videos, video games, and
computer usage, is provided, it shall be:
(a) Offered only as a free choice
activity,
(b) Limited to no more than two and a
half hours per week for each child
two years of age and older,
(c) Used to meet a developmental goal.
Usage time periods may be extended for
specific special events, projects, occasions
such as a current event, homework, holiday,
or birthday celebration. Screen time is
prohibited for children under the age of two
years. The operator shall offer alternate
activities for children under the age of two
years.
Authority G.S. 110-85; 110-88; 110-91(2),(12).
10A NCAC 09 .1721 REQUIREMENTS FOR
RECORDS
(a) The operator shall maintain the following health records
for each child who attends on a regular basis, including his or
her own preschool child(ren):
(1) a copy of the child's health assessment as
required by G.S. 110-91(1);
(2) a copy of the child's immunization record;
(3) a health and emergency information form
provided by the Division that is completed
and signed by a child's parent. The
completed form shall be on file the first day
the child attends. An operator may use
another form other than the one provided by
the Division, as long as the form includes
the following information:
(A) the child's name, address, and date
of birth;
(B) the names of individuals to whom
the child may be released;
(C) the general status of the child's
health;
(D) any allergies or restrictions on the
child's participation in activities
with specific instructions from the
child's parent or physician;
(E) the names and phone numbers of
persons to be contacted in an
emergency situation;
(F) the name and phone number of the
child's physician and preferred
hospital; and
(G) authorization for the operator to
seek emergency medical care in the
parent's absence;
(4) when medication is administered,
authorization for the operator to administer
the specific medication according to the
parent's or physician's instructions.
(b) The operator shall complete and maintain other records
which include:
(1) documentation of the operator's procedures
in emergency situations, on a form which is
provided by the Division;
(2) documentation that monthly fire drills are
practiced. The documentation shall include
the date each drill is held, the time of day,
the length of time taken to evacuate the
home, and the operator's signature;
(3) incident reports that are completed each time
a child receives medical treatment by a
physician, nurse, physician's assistant, nurse
practitioner, community clinic, or local
health department, as a result of an incident
occurring while the child is in the family
child care home. Each incident shall be
reported on a form provided by the Division,
signed by the operator and the parent, and
maintained in the child's file. A copy shall
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507
be mailed to a representative of the Division
within seven calendar days after the incident
occurs;
(4) an incident log which is filled out any time
an incident report is completed. This log
shall be cumulative and maintained in a
separate file and shall be available for
review by a representative of the Division.
This log shall be completed on a form
supplied by the Division;
(5) documentation that a monthly check for
hazards on the outdoor play area is
completed. This form shall be supplied by
the Division and shall be maintained in the
family child care home for review by a
representative of the Division; and
(6) Accurate daily attendance records for all
children in care, including the operator's
own preschool children. The attendance
record shall indicate the date and time of
arrival and departure for each child.
(c) Written records shall be maintained as follows:
(1) All children's records as required in this
Chapter, except medication permission slips
as required in Rule .1720(c)(13) of this
Section, must be kept on file one year from
the date the child is no longer enrolled.
(2) Additional caregiver records as required in
this Chapter shall be maintained on file one
year from the employee's last date of
employment.
(3) Current program records as required in this
Chapter shall be maintained on file for as
long as the license remains. remains valid.
Prior versions shall be maintained based on
the time frame in the following charts:
(A) A minimum of 30 days from the
revision or replacement date:
Record Rule
Daily Schedule .1718(13)
Infant Feeding
Schedule
.1718(6)
SIDS Sleep
Chart/Visual Check
.1724(8)
(B) A minimum of one year from the
revision or replacement date:
Record Rule
Attendance .1721 (b)(6)
Emergency Numbers .1720(a)(8)
Emergency Procedures
Form
.1721(b)(1)
Field Trip/Transportation
Permission
.1723(1)
Fire Drill Log .1721(b)(2)
Incident Log .1721(b)(4)
Playground Inspection .1721(b)(5)
Pet Vaccinations .1720(d)(10)
(4) Well-water analysis, pool inspection and
inspections for local ordinances as
referenced in Rules .1720(d)(1), .1719(7),
and .1702(d) of this Section shall remain on
file at the family child care home for as long
as the license remains valid.
(5) Records may be maintained in a paper
format or electronically, except that records
that require a signature of a staff person or
parent shall be maintained in a paper format.
(6) All records required in this Chapter shall be
available for review by a representative of
the Division.
Authority G.S. 110-85; 110-88; 110-91(1), (9).
10A NCAC 09 .1724 SAFE SLEEP POLICY
(a) Each operator licensed to care for infants aged 12 months
or younger shall develop and adopt a written safe sleep policy
that:
(1) specifies that the operator shall place infants
aged 12 months or younger on their backs
for sleeping, unless:
(A) for an infant aged six months or
less, the operator receives a written
waiver of this requirement from a
health care provider, professional;
as defined in G.S. 58-50-61(a)(8);
or
(B) for an infant older than six months,
the operator receives a written
waiver of this requirement from a
health care provider, professional,
as defined in G.S. 58-50-61(a)(8),
or a parent, or a legal guardian;
(2) specifies that infants aged 12 months or
younger shall be placed in a crib, bassinet or
play pen with a firm padded surface when
sleeping;
(3) specifies whether pillows, blankets, toys,
and other objects may be placed in a crib
with a sleeping infant aged 12 months or
younger, and if so, specifies the number and
types of allowable objects;
(4) specifies that nothing shall be placed over
the head or face of an infant aged 12 months
or younger when the infant is laid down to
sleep;
(5) specifies that the temperature in the room
where infants aged 12 months or younger
are sleeping does not exceed 75 F;
(6) specifies the means by which the operator
shall visually check sleeping infants aged 12
months or younger;
(7) specifies the frequency with which the
operator shall visually check sleeping
infants aged 12 months or younger;
(8) specifies how the operator shall document
compliance with visually checking on
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508
sleeping infants aged 12 months or younger,
with such documents to be maintained for a
minimum of one month;
(9) specifies any other steps the operator shall
take to provide a safe sleep environment for
infants aged 12 months or younger.
(b) The operator shall post a copy of the safe sleep policy or a
poster about safe sleep practices in a prominent place in the
infant sleeping room or area.
(c) A copy of the operator's safe sleep policy shall be given
and explained to the parents of an infant aged 12 months or
younger on or before the first day the infant attends the home.
The parent shall sign a statement acknowledging the receipt
and explanation of the policy. The acknowledgement shall
contain:
(1) the infant's name;
(2) the date the infant first attended the home;
(3) the date the operator's safe sleep policy was
given and explained to the parent; and
(4) the date the parent signed the
acknowledgement.
The operator shall retain the acknowledgement in the child's
record as long as the child is enrolled at the home.
(d) If an operator amends a home's safe sleep policy, the
operator shall give written notice of the amendment to the
parents of all enrolled infants aged 12 months or younger at
least 14 days before the amended policy is implemented. Each
parent shall sign a statement acknowledging the receipt and
explanation of the amendment. The operator shall retain the
acknowledgement in the child's record as long as the child is
enrolled at the home.
(e) A health care professional's physician's or parent's waiver
of the requirement that all infants aged 12 months or younger
be placed on their backs for sleeping shall:
(1) bear the infant's name and birth date;
(2) be signed and dated by the infant's physician
health care professional or parent; and
(3) specify the infant's authorized sleep
positions;
The operator shall retain the waiver in the child's record as
long as the child is enrolled at the home.
(f) For each infant with a waiver on file at the home as
specified in Paragraph (e) of this Rule, a notice shall be posted
for quick reference near the infant's crib, bassinet, or play pen
that shall include:
(1) the infant's name;
(2) the infant's authorized sleep position; and
(3) the location of the signed waiver.
No confidential medical information, including an infant's
medical diagnosis, shall be shown on the notice.
(g) The home's safe sleep policy shall be developed and
shared with parents of infants currently enrolled within 30
days of this Rule becoming effective.
Authority G.S. 110-85; 110-91(15); 143B-168.3.
SECTION .2200 - ADMINISTRATIVE ACTIONS AND
CIVIL PENALTIES
10A NCAC 09 .2201 ADMINISTRATIVE
PENALTIES: GENERAL PROVISIONS
(a) Pursuant to G.S. 110-102.2, the secretary or designee may
order one or more administrative penalties against any
operator who violates any provision of Article 7 of Chapter
110 of the General Statutes or of this Chapter.
(b) Nothing in this Section shall restrict the Secretary from
using any other statutory or civil penalty available. A civil
penalty in accordance with G.S. 110-103.1 and Section .2200
of this Chapter may be imposed in conjunction with any other
administrative activity.
(c) The issuance of an administrative penalty may be
appealed pursuant to G.S. 150B-23.
(d) Following the substantiation of any abuse or neglect
complaint or the issuance of any administrative action against
a child care facility, the operator shall shall, within 30 days,
notify the parents of the children currently enrolled that a
complaint was substantiated or that an administrative action
was taken against the facility, including administrative actions
that may be stayed pending appeal. The notification shall be
in writing and shall include information on the nature of the
substantiated complaint or the type of administrative action
taken. The operator shall maintain copies of documentation of
the substantiated complaint investigation or the administrative
action issued against the facility for the past three years in a
binder, which shall be accessible to parents. The written
notice shall state where the binder containing copies of the
substantiated complaint investigation or administrative action
may be found on site for review by the parents. The operator
shall document the date that the written notice was given to all
parents. parents and maintain written documentation that all
parents of children currently enrolled at the facility have
received said notice.
Authority G.S. 110-85; 110-102.2; 110-103.1; 143B-168.3;
150B-23.
SECTION .2500 - CARE FOR SCHOOL-AGE
CHILDREN
10A NCAC 09 .2501 SCOPE
The regulations in this Section apply to all child care centers
offering care to three or more school-aged school-age children
exclusively or as a component of any other program. All rules
in this Subchapter Chapter pertaining to full-time, part-time,
or seasonal child care shall apply to programs for school-aged
school-age children shall apply except as provided in this
Section.
Authority G.S. 110-85; 110-86(3); 110-91; 143B-168.3.
10A NCAC 09 .2502 SPECIAL PROVISIONS FOR
LICENSURE
A center providing care for school-aged children exclusively
shall be issued a license restricting care to school-aged
children as defined in Rule .0102 of this Chapter. A center
providing care for school-aged school-age children
exclusively on a seasonal basis between May 15 and
September 15 shall be licensed as a summer day camp. A
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509
track-out program that operates all four tracks for more than
four hours per day must be licensed.
Authority G.S. 110-85; 110-88(1); 110-91; 143B-168.3.
10A NCAC 09 .2503 BUILDING CODE
REQUIREMENTS
(a) Building code requirements adopted by reference in
Section .1300 of this Subchapter Chapter shall apply for a
facility providing care to school-age children except in the
following situations: when any preschool-age child is also in
care.
(b)(1) Any building which is currently approved
for school occupancy and which houses a
public or private school during the school
year shall be considered an approved
building to house a facility serving
school-age children exclusively. The
operator shall be responsible for obtaining
and submitting copies of all applicable
inspection reports.
(c)(2) For the purpose of carrying out the
provisions of G.S. 110-91(4) for summer
day camps not covered by Paragraphs (a) or
(b) of this Rule, the following North
Carolina Building Codes shall apply to the
structure described in Rule .2504(b):
.2504(b) of this Section:
(1)(A) When the authorized capacity of
the facility is less than 30 children,
the structure shall, at the minimum,
meet the requirements for
residential occupancy as prescribed
in Volume IB of the North Carolina
Building Code. Children may use
only those floors which have at
least one grade level exit.
(2)(B) When the authorized capacity of
the facility is more than 29
children, but less than 100 children,
the structure shall, at the minimum,
meet the North Carolina Building
Code requirements for business
occupancy.
(3)(C) When the authorized capacity of
the facility is more than 99
children, the structure shall, at the
minimum, meet the North Carolina
Building Code requirements for
assembly occupancy, or
educational occupancy or
institutional occupancy.
(d)(b) A copy of the North Carolina Building Code is on file
at the Division of Child Development at the address given in
Rule .0102 of this Subchapter Chapter and shall be available
for public inspection during regular business hours.
Authority G.S. 110-85; 110-88(2); 110-91(4); 143B-168.3.
10A NCAC 09 .2504 SPACE REQUIREMENTS
(a) All space requirements specified in Section .1400 apply
when a facility provides care for school-age children and any
preschool child is also in care, or when a program which
provides care exclusively for school-age children routinely
operates indoors in a permanent structure for more than 25
percent of each day. A gymnasium or other single use room
may be included in the space measured for licensed capacity
when used as primary space.
(b) A facility licensed as a summer day camp shall have a
permanent structure located at the home base which is the
primary site of the summer day camp activities. The
permanent structure may be a building or permanent roofed
shelter with overhang. The summer day camp shall meet one
of the following space requirements:
(1) When activities for children are routinely
conducted outdoors or off the premises for
at least 75 percent of each day, a minimum
of ten 10 square feet per child of indoor
space, exclusive of kitchens, hallways,
restrooms, closets, and storage areas, shall
be provided.
(2) When the camp's home base does not
provide ten 10 square feet of primary space
indoors, the camp shall provide notarized
copies of all letters, agreements, or contracts
with other facilities which guarantee that
children will be accommodated comfortably
indoors in the event of inclement weather.
Authority G.S. 110-85; 110-91(3), (6); 143B-168.3.
10A NCAC 09 .2505 HEALTH REQUIREMENTS
FOR CHILDREN
(a) All requirements of Section .0800 of this Subchapter
Chapter apply to school-age child care arrangements with the
following exceptions:
(1) A medical examination report shall not be
required for any child enrolled in an
accredited or approved public or private
school.
(2) Rule .0806 does not apply.
(3) If the a summer day camp maintains its
master records for children and staff in a
central location, emergency information for
each staff person and child shall always be
on site. The emergency information on site
shall include the name and telephone
numbers of the child's parent or other
responsible person, the child's or staff
person's physician health care professional
or preferred hospital, any chronic illnesses
and medication taken for that illness, any
allergy and recommended treatment for that
allergy, and any other information that has a
direct bearing on medical treatment and safe
care. The parent's signed permission to
obtain medical attention must also be on site
with the child.
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510
(b) All requirements specified in the Nutrition Section .0900
of this Chapter apply. apply when any preschool child is in
care or when food is provided by the facility.
(c) If food is prepared at the summer day camp, the
regulations regarding sanitary facilities, food preparation and
service for summer camps as adopted by the Commission for
Public Health and codified in 15A NCAC 18A .1000 shall
apply. If food is prepared at a licensed track-out program, the
sanitation requirements of child care centers must be met.
(d) If food is brought from home by children or catered, the
following requirements apply:
(1) Sanitary cold storage shall be provided for
perishable snacks or lunches brought from
home.
(2) Safe drinking water shall be available at all
times regardless of where activities are
provided.
Authority G.S. 110-85; 110-91(1), (2); 143B-168.3.
10A NCAC 09 .2506 GENERAL SAFETY
REQUIREMENTS
(a) First aid equipment shall always be available regardless of
where activities are provided.
(b) All regulations in Rule .1403 regarding swimming pools
apply.
(c) Potentially hazardous items, such as archery equipment,
firearms and ammunition, hand and power tools, nails,
chemicals, or propane stoves, or chemicals shall be used by
children only when adult supervision is provided. Such
potentially hazardous items, whether or not intended for use
by the children, shall be stored in locked areas or with other
appropriate safeguards, or shall be removed from the
premises.
(d) All children shall be adequately supervised. Adequate
supervision means staff shall be with the group of children and
able to hear and see each child in his/her care, except:
(1) Children who are developmentally able may
be permitted to go to the restroom
independently, provided that:
(A) Staff members' proximity to
children assures immediate
intervention to safeguard a child
from harm; and
(B) Individuals who are not staff
members may not enter the
restroom area while in use by any
child; and
(C) Children up to nine years of age are
supervised by staff members who
are able to hear the child. Children
nine years of age and older are not
required to be directly supervised,
however, staff members shall know
the whereabouts of children who
have left their group to use the
restroom.
(2) Adequate supervision for children ages nine
and older means that staff shall be with the
group of children and able to hear or see
each child in his/her care. A staff member
shall accompany any children that leave the
group to go indoors or outdoors.
(3) When emergencies necessitate that direct
supervision is impossible for brief periods of
time.
(e) Children shall wear life jackets whenever they participate
in boating, rafting or canoeing activities and children Children
riding bicycles shall must wear bicycle safety helmets.
Authority G.S. 110-85; 110-91; 143B-168.3.
10A NCAC 09 .2508 AGE APPROPRIATE
ACTIVITIES
(a) Child care facilities which provide care to school-age
children shall provide activities appropriate to the age age,
needs and interests of the children.
(b) Opportunities must be provided for children to participate
in the planning and the implementation of activities.
(b)(c) Facilities, other than those operating under the
provisions of G.S. 110-106, which routinely operate a program
of care indoors for school-age children for more than 25
percent of each day in space designated and approved by the
Division for that purpose shall make activities which are
appropriate for the ages of children in care available on a daily
basis. Facilities which operate a school-age component for
three or fewer hours per day shall make at least three of the
following activities available daily; those which operate a
school-age component for more than three hours per day shall
make at least four of the following activities available daily:
(1) Homework with assistance available as
needed from center personnel;
(2) Reading activities;
(3) Hands-on academic enrichment activities
including but not limited to language, math,
science, social studies, or foreign language
activities;
(4) Structured or unstructured physical
activities;
(5) Health education or wellness activities:
(6) Social skills, life skills or problem-solving
activities;
(7) Creative arts activities;
(8) Community awareness activities;
(9) Cultural activities;
(10) Career development activities;
(11) Games or manipulatives;
(12) Sand or water play;
(13) Technology skill-building activities.
(1) active outdoor play,
(2) arts and crafts,
(3) block play,
(4) books and language,
(5) carpentry,
(6) community awareness,
(7) creative art,
(8) cultural studies,
(9) dramatic play,
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511
(10) environmental studies,
(11) field trips,
(12) food experiences,
(13) games for individuals and small groups,
(14) health and safety,
(15) life-related chores,
(16) money-making projects,
(17) music, rhythm and creative movement,
(18) number concepts,
(19) problem solving,
(20) sand and water play,
(21) science and nature,
(22) self help skills,
(23) sewing.
(c) When activities for children are routinely conducted
outdoors or off the premises for at least 75 percent of each
day, equipment and materials shall be provided to enable
children to participate in at least three different activities each
day.
(d) All equipment and materials used by school-age children
shall be appropriate for the age and size of the children using
the items.
(e) When screen time, including, but not limited to, television,
videos, video games, and computer usage, is provided, it shall
be:
(1) Offered as a free choice activity;
(2) Limited to no more than two and a half
hours per week, per child; and
(3) Used to meet a developmental goal.
Usage time periods may be extended for specific special
events, projects, or occasions such as a current event,
homework, researching topics, holiday, or birthday
celebration.
Authority G.S. 110-85; 110-91(6), (12); 143B-168.3.
10A NCAC 09 .2510 STAFF QUALIFICATIONS
(a) The individual who is responsible for ensuring the
administration of the program, whether on-site or off-site,
shall:
(1) Prior to employment, have at least 400 hours
of verifiable experience working with
school-aged school-age children in a
licensed child care program or 600 hours of
verifiable experience working with school-aged
school-age children in an unlicensed
school-age care or camp setting; or have an
undergraduate, graduate, or associate
degree, with at least 12 semester hours in
school-age care related coursework; and
(2) Meet the requirements for a child care
administrator in G.S. 110-91(8).
(b) At least one individual who is responsible for planning
and ensuring the implementation of daily activities for a
school-age program (program coordinator) shall:
(1) Be at least 18 years old and have a high
school diploma or its equivalent prior to
employment;
(2) Have completed two semester credit hours
in child and youth development and two
semester credit hours in school-age
programming. Each individual who does
not meet this requirement shall enroll in
coursework within six months after
becoming employed and shall complete this
coursework within 18 months of
enrollment. An individual who meets the
staff requirements for administrator or lead
teacher shall be considered as meeting the
requirements for program coordinator,
provided the individual completes Basic
School-Age Care (BSAC) training;
Training, or its equivalent; and
(3) In a part day program be on site when
children are in care. For a full day program
be on site for two thirds of the hours of
operation. This includes times when the
individual is off site due to illness or
vacation.
(c) Staff who are responsible for supervising groups of
school-aged school-age children (group leaders) shall be at
least 18 years of age and have a high school diploma or its
equivalent prior to employment, and shall complete the BSAC
Training. Training, or its equivalent.
(d) Staff who assist group leaders (assistant group leaders)
shall be at least 16 years of age and shall complete the BSAC
training. Training, or its equivalent.
(e) The individual who is on-site and responsible for the
administration of the school-age component of a center which
also provides care to preschool-age children, shall meet the
requirements for child care administrator in G.S. 110-91(8)
and Section .0700 of this Chapter.
(f) When an individual has responsibility for both
administering the program and planning and ensuring the
implementation of the daily activities of a school-age program,
the individual shall meet the staff requirements for an
administrator and shall complete the BSAC Training.
Training, or its equivalent.
(g) Completion of the BSAC Training course, or its
equivalent, counts toward meeting five hours of one year's
annual on-going training requirements in Section .0700 of this
Chapter.
(h) Individuals who completed seven hours of school-age
program training as approved by the Division prior to July 1,
2000 are not required to complete the BSAC Training.
(i)(h) As used in this Rule, the term "experience working with
school-aged school-age children" means experience working
with school-aged school-age children as an administrator,
program coordinator, group leader, assistant group leader, lead
teacher, teacher, or aide.
(j)(i) All staff shall receive on-site training and orientation as
follows:
(1) Within the first two weeks of assuming
responsibility for supervising a group of
children, each employee shall complete at
least six clock hours of training on:
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512
(A) the recognition of the signs and
symptoms of child abuse or neglect
and in the employee's duty to report
suspected abuse and neglect;
(B) the center's operational policies;
(C) adequate supervision of children,
taking into account their age,
emotional, physical, and cognitive
development.
(2) Within the first six weeks of assuming
responsibility for supervising a group of
children, each employee shall complete at
least three additional clock hours of training
on maintaining a safe and healthy
environment and developmentally
appropriate activities for school-age
children.
(k)(j) Staff in part-time or full day part-time, full day, or
track-out school-age care programs required to complete
BSAC Training or its equivalent, shall do so within three
months of becoming employed. Staff in seasonal school-age
care summer day camp programs required to complete BSAC
Training or its equivalent, shall do so within six four weeks of
becoming employed.
Authority G.S. 110-85; 110-91(8),(11); 143B-168.3.
SECTION .2800 - VOLUNTARY RATED LICENSES
10A NCAC 09 .2801 SCOPE
(a) This Section shall apply to all child care facilities that
have achieved a voluntary rated license of two stars or higher
or that apply to be assessed for a voluntary rated license of
two stars or higher.
(b) A child care facility is eligible for a voluntary rated
license of two through five stars.
(c) No requirement in any component of a two-star or higher
rating shall be less than the requirements for a one-star rating
described in G.S. 110-91 and this Chapter. Prior to issuance
of an initial two through five-star rating, all minimum
requirements in G.S. 110-91 and this Chapter must be in
compliance at the time the program is assessed. The
requirements for a voluntary rated license of two stars or
higher are in addition to the minimum standards found in G.S.
110-91 and this Chapter.
(d) Any program operating prior to January 1, 2006 may
choose to be assessed for a star rating as described in Rules
.2803-.2816 of this Section until January 1, 2008. The
operator may request assessment of their star rating based on
Rules .2817 - .2823 of this Section prior to that date.
(e) For any program that began operation after January 1,
2006 and applies for a voluntary rated license of two through
five stars, the rating shall be assessed according to Rules .2817
- .2823 of this Section.
(f)(d) Nothing in this Section is to preclude or interfere with
issuance of an administrative action as allowed by G.S. 110
and this Chapter.
(g)(e) As used in this Section a two component license refers
to a license issued based on an evaluation of program
standards and education standards. A three component license
refers to a license issued based on an evaluation of program
standards, education standards and compliance history.
Authority G.S. 110-88(7); 110-90(4); 143B-168.3.
10A NCAC 09 .2802 APPLICATION FOR A
VOLUNTARY RATED LICENSE
(a) After a licensed child care center or home has been in
operation for a minimum of six consecutive months, the
procedures in this Rule shall apply to request an initial two-through
five-star rated license or to request that a rating be
changed to a two- through five-star rated license.
(b) The operator shall submit a completed application to the
Division for a voluntary rated license on the form provided by
the Division.
(c) An operator may apply for a star rating based on the total
number of points achieved for each component of the
voluntary rated license. In order to achieve a two- through
five-star rating, for a three component license the minimum
score achieved must be a least five points as follows:
TOTAL NUMBER OF POINTS RATING
5 through 7 Two Stars
8 through 10 Three Stars
11 through 13 Four Stars
14 through 15 Five Stars
In order to achieve a two- through five-star rating, for a two
component license the minimum score achieved must be a
least four points as follows:
TOTAL NUMBER OF POINTS RATING
4 through 6 Two Stars
7 through 9 Three Stars
10 through 12 Four Stars
13 through 15 Five Stars
(d) A Division representative shall assess the facility
requesting a voluntary rated license to determine if all
applicable requirements have been met to achieve the score for
the requested star rating. The assessment may include a
review of Division records and site visits.
(e) The Division shall provide for Infant/Toddler
Environment Rating Scale Revised edition, Early Childhood
Environment Rating Scale - Revised edition, School-Age Care
Environment Rating Scale, or Family Day Care Rating Scale
assessments to be completed, as appropriate for the program,
free of charge to operators requesting an initial three or more
points for program standards.
(f) Upon completion of the Division's assessment:
(1) If the assessment indicates all the applicable
requirements to achieve the score for the
requested rating have been met, the Division
shall issue the rating.
(2) If the assessment indicates all the applicable
requirements to achieve the score for the
requested rating are not met, the Division
shall notify the operator of the requirements
that were not met and the requested
voluntary rating shall not be issued.
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513
(A) Accept the rating for which the
Division has found the operator to
be eligible;
(B) Withdraw the request and reapply
when the identified requirements to
achieve the score for the requested
rating have been met; or
(C) Appeal the denial of the requested
rating as provided in G.S. 110-94.
Authority G.S. 110-88(7); 110-90(4); 143B-168.3.
10A NCAC 09 .2803 PROGRAM STANDARDS FOR
A THREE COMPONENT RATED LICENSE FOR
CHILD CARE CENTERS
(a) This Rule applies to evaluating the program standards for
a three component rated license for child care centers.
(b) To achieve two points for program standards, the center
shall meet all the applicable requirements in Rules .2804 -
.2810(b) of this Section, except that either the space
requirements in Rule .2809 of this Section or the staff/child
ratio requirements in Rule .2810(b) of this Section shall be
met.
(c) To achieve three points for program standards, the center
shall meet all the applicable requirements in Rules .2804 -
.2810(b) of this Section, and have an average score of 4.0 on
the appropriate environment rating scale referenced in Rule
.2802(e) of this Section in each classroom evaluated.
(d) To achieve four points for program standards, the center
shall meet all the applicable requirements in Rules .2804 -
.2810(b) of this Section, and have an average score of 4.5 on
the appropriate environment rating scale referenced in Rule
.2802(e) of this Section in each classroom evaluated.
(e) To achieve five points for program standards, the center
shall meet all the applicable requirements in Rules .2804 –
.2810(c) of this Section, and have an average score of 5.0 on
the appropriate environment rating scale referenced in Rule
.2802(e) of this Section in each classroom evaluated.
(f) For centers with a licensed capacity of three to twelve
children located in a residence, a Family Day Care Rating
Scale shall be the rating scale used in Paragraphs (c), (d), and
(e) of this Rule.
Authority G.S. 110-88(7); 110-90(4); 143B-168.3.
10A NCAC 09 .2810 STAFF/CHILD RATIOS FOR A
THREE COMPONENT RATED LICENSE
(a) This Rule applies to evaluating the staff/child ratios and
maximum group sizes for the program standards for a three
component rated license for child care centers.
(b) The center shall comply with the following staff/child
ratios and maximum group sizes.
AGE OF CHILDREN RATIO STAFF/CHILDREN MAXIMUM GROUP SIZE
0 to 12 Months 1/5 10
1 to 2 Years 1/6 12
2 to 3 Years 1/9 18
3 to 4 Years 1/10 20
4 to 5 Years 1/13 25
5 to 6 Years 1/15 25
6 Years and Older 1/20 25
(c) To earn five points for program standards, the center shall comply with the following staff/child ratios and maximum group sizes.
MAXIMUM
AGE RATIO STAFF/CHILDREN GROUP SIZE
0 to 12 Months 1/4 8
1 to 2 Years 1/5 10
2 to 3 Years 1/8 16
3 to 4 Years 1/9 18
4 to 5 Years 1/12 24
5 to 6 Years 1/14 25
6 Years and Older 1/19 25
(d) The provisions of rules 10A NCAC 09 .0712(a)(1), (2)
and .0713(b) through (j) shall apply in evaluating the
staff/child ratios and maximum group sizes within this Rule.
(e) The staff/child ratio applicable to a classroom shall be
posted in that classroom in an area that parents are able to
view at all times.
Authority G.S. 110-88(7); 110-90(4); 143B-168.3.
10A NCAC 09 .2811 EDUCATION STANDARDS
FOR A RATED LICENSE FOR CHILD CARE
CENTERS
(a) To achieve two points for education standards for a star
rating, child caring staff in the center shall meet the following
requirements:
(1) The on-site administrator shall have:
(A) A Level I North Carolina Early
Childhood Administration
Credential or its equivalent; and
PROPOSED RULES
24:08 NORTH CAROLINA REGISTER OCTOBER 15, 2009
514
(B) Two years of full-time verifiable
early childhood work experience.
(2) For centers with a licensed capacity of 200
or more, there shall be a second
administrator on-site for a minimum of 20
hours per week who shall have the Level I
North Carolina Early Childhood
Administration Credential or its equivalent.
(3) All lead teachers shall have the North
Carolina Early Childhood Credential or its
equivalent, and 75% of the lead teachers
shall have:
(A) Completed or be enrolled in 3
semester hours in early childhood
education or child development
(not including North Carolina Early
Childhood Credential coursework);
or
(B) One year of full-time verifiable
early childhood work experience.
(4) 50% of the teachers counted in staff/child
ratios shall have:
(A) Completed or be enrolled in two
semester hours in early childhood
education or child development; or
(B) One year of full-time verifiable
early childhood work experience.
(5) For centers with a school-age care
component, the following requirements shall
also apply. Completion of these
requirements may count toward meeting
education and experience requirements in
Paragraph (a)(1) through (a)(4) of this Rule.
(A) If none of the administrator's
verifiable experience includes
working with school aged-children
in a school-age care or camp
setting, he or she shall complete the
Basic School-Age Care (BSAC)
Training.
(B) The individual designated as the
program coordinator as allowed in
Rule .2510 shall have at least 200
hours of verifiable experience
working with school-aged children
in a licensed child care program; or
have at least 300 hours of verifiable
experience working with school-aged
children in an unlicensed
school-age care or camp setting; or
have completed or be enrolled in at
least two semester hours of school-age
care related coursework.
(C) For centers with a school-age care
component with 200 or more
school-aged children enrolled, there
shall be two program coordinators
on site, one of whom shall not have
concurrent group leader
responsibilities. The additional
program coordinator shall meet the
staff requirements in Rule .2510 of
this Chapter.
(b) To a

This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA
REGISTER
VOLUME 24 ● ISSUE 08 ● Pages 488 - 592
October 15, 2009
I. EXECUTIVE ORDERS
Executive Order No. 23 ...................................................................................... 488 – 490
II. PROPOSED RULES
Agriculture and Consumer Services, Department of
Department...................................................................................................... 491
Community Colleges, Department of
Community Colleges, State Board of.............................................................. 568 – 569
Environment and Natural Resources, Department of
Environmental Management Commission ...................................................... 526 – 554
Health and Human Services, Department of
Child Care Commission .................................................................................. 491 –520
Insurance, Department of
Department...................................................................................................... 520 – 526
Occupational Licensing Boards and Commissions
Appraisal Board .............................................................................................. 556 – 568
Pharmacy, Board of.........................................................................................555 – 556
Secretary of State, Department of the
Department...................................................................................................... 554 – 555
III. EMERGENCY RULES
Community Colleges, Department of
Community Colleges, State Board of.............................................................. 571 – 572
Health and Human Services, Department of
Blind, Commission for the .............................................................................. 570 – 571
IV. RULES REVIEW COMMISSION ................................................................. 573 – 588
V. CONTESTED CASE DECISIONS
Index to ALJ Decisions ...................................................................................... 589 – 592
PUBLISHED BY
The Office of Administrative Hearings
Rules Division
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone (919) 431-3000
Fax (919) 431-3104
Julian Mann, III, Director
Camille Winston, Deputy Director
Molly Masich, Codifier of Rules
Dana Vojtko, Publications Coordinator
Julie Edwards, Editorial Assistant
Tammara Chalmers, Editorial Assistant
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
Contact List for Rulemaking Questions or Concerns
For questions or concerns regarding the Administrative Procedure Act or any of its components, consult
with the agencies below. The bolded headings are typical issues which the given agency can address,
but are not inclusive.
Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc.
Office of Administrative Hearings
Rules Division
1711 New Hope Church Road (919) 431-3000
Raleigh, North Carolina 27609 (919) 431-3104 FAX
contact: Molly Masich, Codifier of Rules molly.masich@oah.nc.gov (919) 431-3071
Dana Vojtko, Publications Coordinator dana.vojtko@oah.nc.gov (919) 431-3075
Julie Edwards, Editorial Assistant julie.edwards@oah.nc.gov (919) 431-3073
Tammara Chalmers, Editorial Assistant tammara.chalmers@oah.nc.gov (919) 431-3083
Rule Review and Legal Issues
Rules Review Commission
1711 New Hope Church Road (919) 431-3000
Raleigh, North Carolina 27609 (919) 431-3104 FAX
contact: Joe DeLuca Jr., Commission Counsel joe.deluca@oah.nc.gov (919) 431-3081
Bobby Bryan, Commission Counsel bobby.bryan@oah.nc.gov (919) 431-3079
Fiscal Notes & Economic Analysis
Office of State Budget and Management
116 West Jones Street (919) 807-4700
Raleigh, North Carolina 27603-8005 (919) 733-0640 FAX
contact: Nathan Knuffman, Asst. Budget Officer osbmruleanalysis@ncmail.net (919)807-4728
Governor’s Review
Eddie Speas eddie.speas@nc.gov
Legal Counsel to the Governor (919) 733-5811
116 West Jones Street
Raleigh, North Carolina 27603
Legislative Process Concerning Rule-making
Joint Legislative Administrative Procedure Oversight Committee
545 Legislative Office Building
300 North Salisbury Street (919) 733-2578
Raleigh, North Carolina 27611 (919) 715-5460 FAX
contact: Karen Cochrane-Brown, Staff Attorney karenc@ncleg.net
Jeff Hudson, Staff Attorney jeffreyh@ncleg.net
County and Municipality Government Questions or Notification
NC Association of County Commissioners
215 North Dawson Street (919) 715-2893
Raleigh, North Carolina 27603
contact: Jim Blackburn jim.blackburn@ncacc.org
Rebecca Troutman rebecca.troutman@ncacc.org
NC League of Municipalities (919) 715-4000
215 North Dawson Street
Raleigh, North Carolina 27603
contact: Erin L. Wynia ewynia@nclm.org
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
NORTH CAROLINA REGISTER
Publication Schedule for January 2009 – December 2009
FILING DEADLINES NOTICE OF TEXT PERMANENT RULE TEMPORARY
RULES
Volume &
issue
number
Issue date Last day
for filing
Earliest date for
public hearing
End of required
comment
period
Deadline to submit
to RRC
for review at
next meeting
Earliest Eff.
Date of
Permanent Rule
Delayed Eff. Date of
Permanent Rule
31st legislative day of the
session beginning:
270th day from publication
in the Register
23:13 01/02/09 12/08/08 01/17/09 03/03/09 03/20/09 05/01/09 05/2010 09/29/09
23:14 01/15/09 12/19/08 01/30/09 03/16/09 03/20/09 05/01/09 05/2010 10/12/09
23:15 02/02/09 01/09/09 02/17/09 04/03/09 04/20/09 06/01/09 05/2010 10/30/09
23:16 02/16/09 01/26/09 03/03/09 04/17/09 04/20/09 06/01/09 05/2010 11/13/09
23:17 03/02/09 02/09/09 03/17/09 05/01/09 05/20/09 07/01/09 05/2010 11/27/09
23:18 03/16/09 02/23/09 03/31/09 05/15/09 05/20/09 07/01/09 05/2010 12/11/09
23:19 04/01/09 03/11/09 04/16/09 06/01/09 06/22/09 08/01/09 05/2010 12/27/09
23:20 04/15/09 03/24/09 04/30/09 06/15/09 06/22/09 08/01/09 05/2010 01/10/10
23:21 05/01/09 04/09/09 05/16/09 06/30/09 07/20/09 09/01/09 05/2010 01/26/10
23:22 05/15/09 04/24/09 05/30/09 07/14/09 07/20/09 09/01/09 05/2010 02/09/10
23:23 06/01/09 05/08/09 06/16/09 07/31/09 08/20/09 10/01/09 05/2010 02/26/10
23:24 06/15/09 05/22/09 06/30/09 08/14/09 08/20/09 10/01/09 05/2010 03/12/10
24:01 07/01/09 06/10/09 07/16/09 08/31/09 09/21/09 11/01/09 05/2010 03/28/10
24:02 07/15/09 06/23/09 07/30/09 09/14/09 09/21/09 11/01/09 05/2010 04/11/10
24:03 08/03/09 07/13/09 08/18/09 10/02/09 10/20/09 12/01/09 05/2010 04/30/10
24:04 08/17/09 07/27/09 09/01/09 10/16/09 10/20/09 12/01/09 05/2010 05/14/10
24:05 09/01/09 08/11/09 09/16/09 11/02/09 11/20/09 01/01/10 05/2010 05/29/10
24:06 09/15/09 08/24/09 09/30/09 11/16/09 11/20/09 01/01/10 05/2010 06/12/10
24:07 10/01/09 09/10/09 10/16/09 11/30/09 12/21/09 02/01/10 05/2010 06/28/10
24:08 10/15/09 09/24/09 10/30/09 12/14/09 12/21/09 02/01/10 05/2010 07/12/10
24:09 11/02/09 10/12/09 11/17/09 01/02/10 01/20/10 03/01/10 05/2010 07/30/10
24:10 11/16/09 10/23/09 12/01/09 01/15/10 01/20/10 03/01/10 05/2010 08/13/10
24:11 12/01/09 11/05/09 12/16/09 02/01/10 02/22/10 04/01/10 05/2010 08/28/10
24:12 12/15/09 11/20/09 12/30/09 02/15/10 02/22/10 04/01/10 05/2010 09/11/10
This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13
EXPLANATION OF THE PUBLICATION SCHEDULE
This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling.
Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.
GENERAL
The North Carolina Register shall be published twice
a month and contains the following information
submitted for publication by a state agency:
(1) temporary rules;
(2) notices of rule-making proceedings;
(3) text of proposed rules;
(4) text of permanent rules approved by the Rules
Review Commission;
(5) notices of receipt of a petition for municipal
incorporation, as required by G.S. 120-165;
(6) Executive Orders of the Governor;
(7) final decision letters from the U.S. Attorney
General concerning changes in laws affecting
voting in a jurisdiction subject of Section 5 of
the Voting Rights Act of 1965, as required by
G.S. 120-30.9H;
(8) orders of the Tax Review Board issued under
G.S. 105-241.2; and
(9) other information the Codifier of Rules
determines to be helpful to the public.
COMPUTING TIME: In computing time in the
schedule, the day of publication of the North Carolina
Register is not included. The last day of the period so
computed is included, unless it is a Saturday, Sunday,
or State holiday, in which event the period runs until
the preceding day which is not a Saturday, Sunday, or
State holiday.
FILING DEADLINES
ISSUE DATE: The Register is published on the first
and fifteen of each month if the first or fifteenth of
the month is not a Saturday, Sunday, or State holiday
for employees mandated by the State Personnel
Commission. If the first or fifteenth of any month is
a Saturday, Sunday, or a holiday for State employees,
the North Carolina Register issue for that day will be
published on the day of that month after the first or
fifteenth that is not a Saturday, Sunday, or holiday for
State employees.
LAST DAY FOR FILING: The last day for filing for any
issue is 15 days before the issue date excluding
Saturdays, Sundays, and holidays for State
employees.
NOTICE OF TEXT
EARLIEST DATE FOR PUBLIC HEARING: The hearing
date shall be at least 15 days after the date a notice of
the hearing is published.
END OF REQUIRED COMMENT PERIOD
An agency shall accept comments on the text of a
proposed rule for at least 60 days after the text is
published or until the date of any public hearings held
on the proposed rule, whichever is longer.
DEADLINE TO SUBMIT TO THE RULES REVIEW
COMMISSION: The Commission shall review a rule
submitted to it on or before the twentieth of a month
by the last day of the next month.
FIRST LEGISLATIVE DAY OF THE NEXT REGULAR
SESSION OF THE GENERAL ASSEMBLY: This date is
the first legislative day of the next regular session of
the General Assembly following approval of the rule
by the Rules Review Commission. See G.S. 150B-
21.3, Effective date of rules.
EXECUTIVE ORDERS
24:08 NORTH CAROLINA REGISTER OCTOBER 15, 2009
488
EXECUTIVE ORDERS
24:08 NORTH CAROLINA REGISTER OCTOBER 15, 2009
489
EXECUTIVE ORDERS
24:08 NORTH CAROLINA REGISTER OCTOBER 15, 2009
490
PROPOSED RULES
24:08 NORTH CAROLINA REGISTER OCTOBER 15, 2009
491
Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency
must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a
later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published
notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60
days.
Statutory reference: G.S. 150B-21.2.
TITLE 02 – DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the Department of Agriculture and Consumer Services intends
to amend the rule cited as 02 NCAC 09L .1111.
Proposed Effective Date: February 1, 2010
Instructions on How to Demand a Public Hearing: (must be
requested in writing within 15 days of notice): Any person
may request a public hearing on the proposed rules by
submitting a request in writing no later than October 30,
2009, to James W. Burnette, Jr., Secretary, NC Pesticide
Board, 1090 Mail Service Center, Raleigh, NC 27699-1090.
Reason for Proposed Action: The proposed rule change
would increase the fee for private pesticide applicator
certification or recertification from $6.00 to $10.00. The fee
increase is necessary to offset the costs of the certification
program.
Procedure by which a person can object to the agency on a
proposed rule: Any person may object to the proposed rules
by submitting a written statement of objection(s) to James W.
Burnette, Jr., Secretary, NC Pesticide Board, 1090 Mail
Service Center, Raleigh, NC 27699-1090.
Comments may be submitted to: James W. Burnette, Jr.,
Secretary, NC Pesticide Board, 1090 Mail Service Center,
Raleigh, NC 27699-1090; phone (919) 733-3556; fax (919)
733-9796; email james.burnette@ncagr.gov
Comment period ends: December 14, 2009
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption
of the rule, a person may also submit written objections to the
Rules Review Commission after the adoption of the Rule. If
the Rules Review Commission receives written and signed
objections after the adoption of the Rule in accordance with
G.S. 150B-21.3(b2) from 10 or more persons clearly
requesting review by the legislature and the Rules Review
Commission approves the rule, the rule will become effective
as provided in G.S. 150B-21.3(b1). The Commission will
receive written objections until 5:00 p.m. on the day following
the day the Commission approves the rule. The Commission
will receive those objections by mail, delivery service, hand
delivery, or facsimile transmission. If you have any further
questions concerning the submission of objections to the
Commission, please call a Commission staff attorney at 919-
431-3000.
Fiscal Impact:
State
Local
Substantial Economic Impact (>$3,000,000)
None
CHAPTER 09 - FOOD AND DRUG PROTECTION
DIVISION
SUBCHAPTER 09L - PESTICIDE SECTION
SECTION .1100 - PRIVATE PESTICIDE APPLICATOR
CERTIFICATION
02 NCAC 09L .1111 CERTIFICATION
/RECERTIFICATION FEE
A nonrefundable fee of six dollars ($6.00) ten dollars ($10.00)
shall be required for private pesticide applicator certification
or recertification.
Authority G.S. 143-440(b).
TITLE 10A – DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Notice is hereby given in accordance with G.S. 150B-21.2 that
the NC Child Care Commission intends to adopt the rules
cited as 10A NCAC 09 .0501, .1703, amend the rules cited as
10A NCAC 09 .0102, .0302, .0304, .0508-.0511, .0604, .0606,
.0701-.0702, .0802, .0901, .1403, .1702, .1718, .1721, .1724,
.2201, .2501-.2506, .2508, .2510, .2801-.2802 and repeal the
rules cited as 10A NCAC 09 .1505, .2803, .2810-.2816.
Proposed Effective Date: April 1, 2010
Public Hearing:
Date: November 5, 2009
Time: 2:30 p.m.
Location: NC Division of Child Development, 319
Chapanoke Road, Suite 120, Raleigh, NC 27603
Reason for Proposed Action: The NC Child Care
Commission is proposing rule changes in the areas of
children's health and nutrition, enriching outdoor activities
and quality school-age care, based on research reviewed on
outdoor learning environments, quality activities for school-
PROPOSED RULES
24:08 NORTH CAROLINA REGISTER OCTOBER 15, 2009
492
age care, and preventing obesity in young children. Other
changes are reformatting or a change in placement of existing
rules that are already being followed and enforced.
The Commission will repeal rules in Section .2800 that pertain
to the three component Star Rated License System. In the
2005 Legislative Session a bill was passed to make
improvements to NC's Star Rated License System. In the past,
Star Ratings of 2 to 5 Stars were determined based on a
program's compliance history, education standards, and
programs standards. Under the new system and in
accordance to G.S. 110-90(4) a minimum compliance history
is now required and the Star Ratings are based on education
and program standards. All programs have now transitioned
to the two component system and the two component rules are
currently being followed, therefore, rules referencing the three
component system are no longer needed and will be repealed.
Procedure by which a person can object to the agency on a
proposed rule: Anyone wishing to comment on these
proposed rules or to request copies of the rules should contact
Dedra Alston, Rule-making Coordinator, NC Division of Child
Development, 2201 Mail Service Center, Raleigh, NC 27699-
2201, at 919-890-7060 or Dedra.Alston@dhhs.nc.gov.
Written comments will be accepted through December 14,
2009. Oral comments may be made during the public hearing.
The Commission Chairperson may impose time limits for oral
remarks.
Comments may be submitted to: Dedra Alston, 2201 Mail
Service Center, Raleigh, NC 27699-2201, phone (919)890-
7060, fax (919)662-4568, email dedra.alston@dhhs.nc.gov
Comment period ends: December 14, 2009
Procedure for Subjecting a Proposed Rule to Legislative
Review: If an objection is not resolved prior to the adoption of
the rule, a person may also submit written objections to the
Rules Review Commission after the adoption of the Rule. If
the Rules Review Commission receives written and signed
objections after the adoption of the Rule in accordance with
G.S. 150B-21.3(b2) from 10 or more persons clearly
requesting review by the legislature and the Rules Review
Commission approves the rule, the rule will become effective
as provided in G.S. 150B-21.3(b1). The Commission will
receive written objections until 5:00 p.m. on the day following
the day the Commission approves the rule. The Commission
will receive those objections by mail, delivery service, hand
delivery, or facsimile transmission. If you have any further
questions concerning the submission of objections to the
Commission, please call a Commission staff attorney at 919-
431-3000.
Fiscal Impact:
State
Local
Substantial Economic Impact (>$3,000,000)
None
CHAPTER 09 - CHILD CARE RULES
SECTION .0100 - DEFINITIONS
10A NCAC 09 .0102 DEFINITIONS
The terms and phrases used in this Chapter are defined as
follows except when the content of the rule requires a different
meaning. The definitions prescribed in G.S. 110-86 also apply
to these Rules.
(1) "Agency" as used in Section .2200 of this
Chapter, means Division of Child
Development, Department of Health and
Human Services located at 319 Chapanoke
Road, Suite 120, Raleigh, North Carolina
27603.
(2) "Appellant" means the person or persons
who request a contested case hearing.
(3) "Basic School-Age Care Training" (BSAC
Training) means the specialized training on
the elements of quality afterschool care for
school-age children, developed for and
approved by the Division of Child
Development. Equivalent training may be
approved if the Division determines that the
content of the training offered is
substantially equivalent to the BSAC
training. seven clock hours of training
developed by the North Carolina State
University Department of 4-H Youth
Development for the Division of Child
Development on the elements of quality
school-age care.
(4) "Child Care Program" means a single center
or home, or a group of centers or homes or
both, which are operated by one owner or
supervised by a common entity.
(5) "Child care provider" as defined by G.S.
110-90.2 (a) (2) a. and used in Section .2700
of this Chapter, includes the following
employees who have contact with the
children in a child care program: facility
directors, administrative staff, teachers,
teachers' aides, cooks, maintenance
personnel, and drivers.
(6) "Child Development Associate Credential"
means the national early childhood
credential administered by the Council for
Early Childhood Professional Recognition.
(7) "Developmentally appropriate" means
suitable to the chronological age range and
developmental characteristics of a specific
group of children.
(8) "Division" means the Division of Child
Development within the Department of
Health and Human Services.
(9) "Drop-in care" means a child care
arrangement where children attend on an
intermittent, unscheduled basis.
(10) "Early Childhood Environment Rating Scale
- Revised edition" (Harms, Clifford, and
Cryer, and Clifford, 1998, 2005, published
PROPOSED RULES
24:08 NORTH CAROLINA REGISTER OCTOBER 15, 2009
493
by Teachers College Press, New York, NY)
is the instrument used to evaluate the quality
of care received by a group of children in a
child care center, when the majority of
children in the group are two and a half
years old through five years old, to achieve
three or more points for the program
standards of a rated license. This instrument
is incorporated by reference and includes
subsequent editions. Individuals wishing to
purchase a copy may call Teachers College
Press at 1-800-575-6566. The cost of this
scale in June 2009 August 2006 is sixteen
nineteen dollars and ninety-five cents
($16.95). ($19.95). A copy of this
instrument is on file at the Division at the
address given in Item (1) of this Rule and is
available for public inspection during
regular business hours.
(11) "Family Child Care Environment Rating
Scale – Revised edition" "Family Day Care
Rating" ( Harms Harms, Cryer and Clifford,
1989, 2007, published by Teachers College
Press, New York, NY) is the instrument
used to evaluate the quality of care received
by children in family child care homes to
achieve three or more points for the program
standards of a rated license. This instrument
is incorporated by reference and includes
subsequent editions. Individuals wishing to
purchase a copy may call Teachers College
Press at 1-800-575-6566. The cost of this
scale in August 2006 June 2009 is fifteen
nineteen dollars and ninety-five cents
($15.95). ($19.95). A copy of this
instrument is on file at the Division at the
address given in Item (1) of this Rule and is
available for public inspection during
regular business hours.
(12) "First aid kit" is a collection of first aid
supplies (such as bandages, tweezers,
disposable nonporous gloves, micro shield
or face mask, liquid soap, cold pack) for
treatment of minor injuries or stabilization
of major injuries.
(12)(13) "Group" means the children assigned to a
specific caregiver or caregivers, to meet the
staff/child ratios set forth in G.S. 110-91(7)
and this Chapter, using space which is
identifiable for each group.
(14) "Health care professional" is defined as:
(a) a physician licensed in North
Carolina;
(b) a nurse practitioner approved to
practice in North Carolina;
(c) a registered nurse who holds an
unencumbered license to practice in
North Carolina;
(d) a nurse with a Bachelor of Science
degree or higher in nursing who
holds an unencumbered license to
practice in North Carolina; or
(e) a certified physician assistant.
(13)(15) "Household member" means a person who
resides in a family home as evidenced by
factors including, maintaining clothing and
personal effects at the household address,
receiving mail at the household address,
using identification with the household
address, or eating and sleeping at the
household address on a regular basis.
(14)(16) "Infant/Toddler Environment Rating Scale -
Revised edition" (Harms, Cryer, and
Clifford, 1990, 2003, published by Teachers
College Press, New York, NY) is the
instrument used to evaluate the quality of
care received by a group of children in a
child care center, when the majority of
children in the group are younger than thirty
months old, to achieve three or more points
for the program standards of a rated license.
This instrument is incorporated by reference
and includes subsequent editions.
Individuals wishing to purchase a copy may
call Teachers College Press at 1-800-575-
6566. The cost of this scale in August 2006
June 2009 is sixteen nineteen dollars and
ninety-five cents ($16.95). ($19.95). A copy
of this instrument is on file at the Division at
the address given in Item (1) of this Rule
and is available for public inspection during
regular business hours.
(15)(17) "ITS-SIDS Training" means the
Infant/Toddler Safe Sleep and SIDS Risk
Reduction Training developed for and
approved by the NC Healthy Start
Foundation for the Division of Child
Development for caregivers of children ages
12 months and younger.
(16)(18) "Licensee" means the person or entity that is
granted permission by the State of North
Carolina to operate a child care facility. The
owner of said facility shall be the licensee.
(17)(19) "North Carolina Early Childhood
Credential" means the state early childhood
credential that is based on completion of
coursework and standards found in the
North Carolina Early Childhood Instructor
Manual (published by the NC Community
College System Office). These standards
are incorporated by reference and include
subsequent amendments. A copy of the
North Carolina Early Childhood Credential
requirements is on file at the Division at the
address given in Item (1) of this Rule and is
available for public inspection or copying at
no charge during regular business hours.
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24:08 NORTH CAROLINA REGISTER OCTOBER 15, 2009
494
(18) "Operator" means the person or entity held
legally responsible for the child care
business. The terms "operator", "sponsor",
or "licensee" may be used interchangeably.
(19)(20) "Owner" means any person with a five
percent or greater equity interest in a child
care facility. facility, however, stockholders
of corporations who own child care facilities
are not subject to mandatory criminal history
checks pursuant to G.S. 110-90.2 and G.S.
110-91(8) unless they are involved in day-to-
day operations of the child care facility.
(20)(21) "Parent" means a child's parent, legal
guardian, or full-time custodian.
(21)(22) "Part-time care" means a child care
arrangement where children attend on a
regular schedule but less than a full-time
basis.
(22)(23) "Passageway" means a hall or corridor.
(23)(24) "Person" means any individual, trust, estate,
partnership, corporation, joint stock
company, consortium, or any other group,
entity, organization, or association.
(24)(25) "Preschooler" or "preschool-aged
"preschool-age child" means any child who
does not fit the definition of school-aged
school-age child in this Rule.
(25)(26) "School-Age Care Environment Rating
Scale" (Harms, Jacobs, and White, 1996,
published by Teachers College Press) is the
instrument used to evaluate the quality of
care received by a group of children in a
child care center, when the majority of the
children in the group are older than five
years, to achieve three or more points for the
program standards of a rated license. This
instrument is incorporated by reference and
includes subsequent editions. Individuals
wishing to purchase a copy may call
Teachers College Press at 1-800-575-6566.
The cost of this scale in August 2006 June
2009 is fifteen nineteen dollars and ninety-five
cents ($15.95). ($19.95). A copy of this
instrument is on file at the Division at the
address given in Item (1) of this Rule and is
available for public inspection during
regular business hours.
(26)(27) "School-aged "School-age child" means any
child who is attending or who has attended,
a public or private grade school or
kindergarten and meets age requirements as
specified in G.S. 115C-364.
(27)(28) "Seasonal Program" means a recreational
program as set forth in G.S. 110-86(2)(b).
(28)(29) "Section" means Division of Child
Development.
(29)(30) "Substitute" means any person who
temporarily assumes the duties of a staff
person for a time period not to exceed two
consecutive months.
(30)(31) "Temporary care" means any child care
arrangement which provides either drop-in
care or care on a seasonal or other part-time
basis and is required to be regulated
pursuant to G.S. 110-86.
(32) "Track-Out Program" means any child care
provided to school-age children when they
are out of school on a year-round school
calendar.
(31)(33) "Volunteer" means a person who works in a
child care facility and is not monetarily
compensated by the facility.
Authority G.S. 110-85; 110-88; 143B-168.3.
SECTION .0300 - PROCEDURES FOR OBTAINING A
LICENSE
10A NCAC 09 .0302 APPLICATION FOR A
LICENSE FOR A CHILD CARE CENTER
(a) The individual who will be legally responsible for the
operation of the center, which includes assuring compliance
with the licensing law and standards, shall apply for a license
using the form provided by the Division. If the operator will
be a group, organization, or other entity, an officer of the
entity who is legally empowered to bind the operator shall
complete and sign the application.
(b) The applicant shall arrange for inspections of the center by
the local health, building and fire inspectors. The applicant
shall provide an approved inspection report signed by the
appropriate inspector to the Division representative.
(1) A provisional classification may be accepted
in accordance with Rule .0401(1) of this
Subchapter. Chapter.
(2) When a center does not conform with a
specific building, fire, or sanitation standard,
the appropriate inspector may submit a
written explanation of how equivalent,
alternative protection is provided. The
Division may accept the inspector's
documentation in lieu of compliance with
the specific standard. Nothing in this
Regulation is to preclude or interfere with
issuance of a provisional license pursuant to
Section .0400 of this Subchapter. Chapter.
(c) The applicant, or the person responsible for the day-to-day
operation of the center, shall be able to describe the plans for
the daily program, including room arrangement, staffing
patterns, equipment, and supplies, in sufficient detail to show
that the center shall comply with applicable requirements for
activities, equipment, and staff/child ratios for the capacity of
the center and type of license requested. The applicant shall
make the following written information available to the
Division for review to verify compliance with provisions of
this Subchapter Chapter and the licensing law:
(1) daily schedules;
(2) activity plans;
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24:08 NORTH CAROLINA REGISTER OCTOBER 15, 2009
495
(3) emergency care plan;
(4) discipline policy;
(5) incident reports;
(6) incident logs; and
(7) a copy of the certified criminal history check
for the applicant, or the applicant's designee
as defined in Rule .2701(g) of this
Subchapter, Chapter, from the Clerk of
Superior Court's office in the county or
counties where the individual has resided
during the previous 12 months.
(d) The applicant shall, at a minimum, demonstrate to the
Division representative that measures shall be implemented to
have the following information in the center's files and readily
available to the representative for review:
(1) Staff records which include an application
for employment and date of birth;
documentation of previous education,
training, and experience; medical and health
records; documentation of participation in
training and staff development activities;
and required criminal records check
documentation;
(2) Children's records which include an
application for enrollment; medical and
immunization records; and permission to
seek emergency medical care;
(3) Daily attendance records;
(4) Daily records of arrival and departure times
at the center for each child;
(4)(5) Records of monthly fire drills giving the
date each drill is held, the time of day, the
length of time taken to evacuate the
building, and the signature of the person
who conducted the drill;
(5)(6) Records of monthly playground inspections
documented on a checklist provided by the
Division; and
(6)(7) Records of medication administered.
(e) The Division representative shall measure all rooms to be
used for child care and shall assure that an accurate sketch of
the center's floor plan is part of the application packet. The
Division representative shall enter the dimensions of each
room to be used for child care, including ceiling height, and
shall show the location of the bathrooms, doors, and required
exits on the floor plan.
(f) The Division representative shall make one or more
inspections of the center and premises to assess compliance
with all applicable requirements.
(1) If all applicable requirements of G.S. 110
and this Section are met, the Division shall
issue the license.
(2) If all applicable requirements of G.S. 110
and this Section are not met, the
representative may recommend issuance of a
provisional license in accordance with
Section .0400 of this Subchapter Chapter or
the representative may recommend denial of
the application. Final disposition of the
recommendation to deny is the decision of
the Secretary.
(3) The license shall be displayed in an area that
parents are able to view daily.
(g) When a person applies for a child care center license, the
Secretary may deny the application for the license under the
following circumstances:
(1) if any child care facility license previously
held by that person has been denied, revoked
or summarily suspended by the Division;
(2) if the Division has initiated denial,
revocation or summary suspension
proceedings against any child care facility
license previously held by that person and
the person voluntarily relinquished the
license;
(3) during the pendency of an appeal of a
denial, revocation or summary suspension of
any child care facility license previously
held by that person;
(4) if the Division determines that the applicant
has a relationship with an operator or former
operator who previously held a license under
an administrative action described in
Subparagraph (g)(1), (2), or (3) of this Rule.
As used in this Rule, an applicant has a
relationship with a former operator if the
former operator would be involved with the
applicant's child care facility in one or more
of the following ways:
(A) would participate in the
administration or operation of the
facility;
(B) has a financial interest in the
operation of the facility;
(C) provides care to children at the
facility;
(D) resides in the facility; or
(E) would be on the facility's board of
directors, be a partner of the
corporation, or otherwise have
responsibility for the administration
of the business;
(5) based on the person's previous non-compliance
as an operator with the
requirements of G.S. 110 and this
Subchapter; Chapter; or
(6) if abuse or neglect has been substantiated
against the person.
Authority G.S. 110-85; 110-88(2); 110-88(5); 110-91; 110-92;
110-93; 110-99; 143B-168.3.
10A NCAC 09 .0304 ON-GOING REQUIREMENTS
FOR A PERMIT
(a) Each operator shall schedule a fire inspection within 12
months of the center's previous fire inspection. The operator is
responsible for notifying the local fire inspector when it is
time for the center's annual fire inspection. The operator shall
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24:08 NORTH CAROLINA REGISTER OCTOBER 15, 2009
496
submit the original of the completed annual fire inspection
report to the Division's representative within one week of the
inspection visit on the form provided by the Division.
(b) Each center shall be inspected at least annually by an
Environmental Health Specialist for compliance with
applicable sanitation requirements adopted by the Commission
for Public Health as described in 15A NCAC 18A .2800.
(c) A new building inspection shall not be required unless the
operator plans to begin using space not previously approved
for child care, has made renovations to the building, has added
new construction, or wants to remove any restriction related to
building codes currently on the permit.
(d) When the Division's representative documents
noncompliance during a visit, the representative may:
(1) Advise the operator to submit written
verification that the noncompliance has been
corrected;
(2) Return to the center for an unannounced
visit at a later date to determine if
compliance has been achieved; or
(3) Recommend issuance of a provisional
license in accordance with Section .0400 of
this Chapter or recommend the revocation of
the permit or administrative actions in
accordance with Section .2200 of this
Chapter.
(e) The Division shall assess the compliance history of a
center by evaluating the violations of requirements that have
occurred. Demerits shall be assigned for each occurrence of
violations of these requirements: supervision of children (6
points), staff/child ratio (6 points), staff qualifications and
training (2-5 points), health and safety practices (3-6 points),
discipline (6 points), developmentally appropriate activities
(2-4 points), adequate space (6 points), nutrition and feeding
practices (1-3 points), program records (1-3 points), and
transportation (1-3 points), if applicable. The point value of
each demerit shall be based on the potential detriment to the
health and safety of children. A compliance history percentage
shall be calculated each year by subtracting the total number
of demerits from the total demerits possible and converting to
a percentage. The yearly compliance history percentage shall
be averaged over the specified time period as in accordance
with G.S. 110-90(4) for the compliance history percentage
referenced in this Rule. A copy of the Division compliance
history score sheet used to calculate the compliance history
percentage is available for review at the address given in Rule
.0102 of this Section.
(f) Each center shall maintain accurate records and documents
as described in Rule .0302(c) and (d) of this Section, and these
records and documents shall be made available to the Division
for review to verify compliance with provisions of this
Chapter and the General Statute.
Authority G.S. 110-85; 110-88(5); 110-93; 143B-168.3; 150B-
3.
SECTION .0500 - AGE AND DEVELOPMENTALLY
APPROPRIATE ENVIRONMENTS FOR CENTERS
10A NCAC 09 .0501 STAFF/CHILD
INTERACTIONS
Staff will relate to children in positive ways by helping them
feel welcome and comfortable, treating them with respect,
listening to what they say, responding to them with acceptance
and appreciation and participating in many activities with the
children. Staff shall:
(1) Make eye contact whenever possible when
speaking to children.
(2) Engage children in conversation to share
experiences, ideas and opinions.
(3) Help children develop problem-solving
skills.
(4) Facilitate learning by providing positive
reinforcement, encouraging efforts and
recognizing accomplishments.
Authority G.S. 110-85; 110-91(8), (11); 143B-168.3.
10A NCAC 09 .0508 ACTIVITY SCHEDULES AND
PLANS FOR CENTERS
(a) All centers shall have a schedule for each group of
children posted for easy reference by parents and by
caregivers.
(1) When children two years old or older are in
care, the schedule shall:
(1)(A) The schedule shall show Show
blocks of time usually assigned to
types of activities and shall include
periods of time for both active play
and quiet play or rest.
(2)(B) Blocks Show blocks of time shall
show activities that are scheduled
for activities for indoor and outdoor
areas.
(3)(C) The activities and allotted times
reflected in the schedule shall be
Reflect times and activities that are
developmentally appropriate for the
children in care.
(4) When children two years old or
older are in care, the schedule shall
also reflect daily opportunities for
both free-choice and teacher-directed
activities.
(D) Reflect daily opportunities indoors
and outdoors for:
(i) Free-choice activities;
(ii) Teacher-directed
activities; and
(iii) A minimum total of one
hour of outdoor time
throughout the day, if
weather conditions permit.
Centers that operate for
four hours per day or less
shall provide a minimum
total of 30 minutes of
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24:08 NORTH CAROLINA REGISTER OCTOBER 15, 2009
497
outdoor time daily, if
weather conditions permit.
(2) When children under two years old are in
care, the schedule shall include regular daily
events such as arrival and departure, free
choice times, outside time and teacher-directed
activities. Interspersed among the
daily events shall be individualized
caregiving routines such as eating, napping
and toileting. There shall be a minimum of
30 minutes of outdoor time throughout the
day either as part of a small group, whole
group, or individual activity, if weather
conditions permit.
(b) All centers shall develop a written plan of
developmentally appropriate activities designed to stimulate
social, emotional, intellectual and physical development for
each group of children in care.
(1) The activity plan shall always be current and
accessible for easy reference by parents and
caregivers.
(2) The activity plan shall include at least one
daily activity for each developmental goal
specified in Paragraph (b) of this Rule.
Activities which allow children to choose to
participate with the whole group, part of the
group, or independently shall be identified.
The plan shall reflect that the children have
at least four different activities in which they
may choose to participate on a daily basis.
daily, at least one of which is outdoors, if
weather conditions permit.
(3) The activity plan shall also include a daily
gross motor activity which may occur
indoors or outdoors.
(c) The schedule and activity plan may be combined as one
document that shall always be current and posted for easy
reference by parents and caregivers.
Authority G.S. 110-85; 110-91(2),(12); 143B-168.3.
10A NCAC 09 .0509 ACTIVITIES: GENERAL
REQUIREMENTS FOR CENTERS
The learning environment consists of the indoor and outdoor
area which encourages child initiated and teacher supported
activities as follows:
(a)(1) Each center shall have developmentally
appropriate equipment and materials
accessible on a daily basis.
(b)(2) The materials and equipment indoors and
outdoors shall be sufficient to provide a
variety of play experiences which promote
the children's social, emotional, intellectual
and physical development.
(c)(3) Teacher-made and home-made equipment
and materials may be used if they are safe
and functional. Materials and equipment
that are accessible to children shall not be
coated or treated with, nor shall they
contain, toxic materials such as creosote,
pentacholorphenol, tributyl tin oxide,
dislodgeable arsenic and any finishes which
contain pesticides.
(d)(4) Developmentally appropriate equipment and
materials shall be provided for a variety of
outdoor activities which allow for vigorous
play and large muscle development. Each
child shall have the opportunity for outdoor
play each day that weather conditions
permit. The center shall provide space and
time for vigorous indoor activities when
children cannot play outdoors.
Authority G.S. 110-85; 110-91(2),(12); 143B-168.3.
10A NCAC 09 .0510 ACTIVITY AREAS:
PRESCHOOL CHILDREN TWO YEARS AND OLDER
(a) Each center shall have equipment and materials available
in activity areas on a daily basis. Centers with a licensed
capacity of three 3 to 12 children located in a residence are not
required to have activity areas, but must have equipment and
materials available daily both indoors and outdoors for the
children in care.
(b) An activity area is an identifiable space which is
accessible to the children and where related equipment and
materials are kept in an orderly fashion.
(c) Each activity area shall contain enough materials to allow
three related activities to occur at the same time. The
materials and equipment shall be in sufficient quantity to
allow at least three children to use the area regardless of
whether the children choose the same or different activities.
(d) Each center shall make at least four of the activity areas
listed in G.S. 110-91(12) available daily to preschool children
two years or older as follows:
(1) Centers with a licensed capacity of 30 or
more children shall have at least four
activity areas available in the space occupied
by each group of children.
(2) Centers with a licensed capacity of less than
30 children shall have at least four activity
areas available daily. Separate groups of
children may share use of the same activity
areas.
(3) Centers with a licensed capacity of three 3 to
12 children located in a residence shall have
at least four types of activities available
daily.
(e) In addition to the activity areas which are available each
day, each center shall have materials and equipment in
sufficient quantity, as described in Paragraph (c) of this Rule,
to ensure that activities are made available at least once per
month in each of the five activity areas listed G.S. 110-91(12).
(f) Each center shall provide materials and opportunities for
music and rhythm activities, science and nature activities, and
sand and water play for each group of children at least weekly,
once per month. indoors or outdoors.
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498
(g) When screen time, including, but not limited to, television,
videos, video games, and computer usage, is provided, it shall
be:
(1) Offered only as a free-choice activity,
(2) Limited to no more than a total of two and a
half hours per week, per child, and
(3) Used to meet a developmental goal.
Usage time periods may be extended for specific special
events, projects, or occasions such as a current event, holiday,
or birthday celebration.
Authority G.S. 110-85; 110-91(6),(12); 143B-168.3.
10A NCAC 09 .0511 ACTIVITIES FOR CHILDREN
UNDER TWO YEARS OF AGE
(a) Each center shall have developmentally appropriate toys
and activities for each child to promote the child's physical,
emotional, intellectual and social well-being including
appropriate books, blocks, dolls, pretend play materials,
musical toys, sensory toys, and fine motor toys.
(1) The materials shall be kept in an identifiable
space where related equipment and materials
are kept in identifiable groupings and must
be made available to the children for a
substantial portion of each day.
(2) The materials shall be offered in sufficient
quantity to allow all children to use them at
some point during the day and to allow for a
range of choices with duplicates of the most
popular toys.
(3) Caregivers shall make provisions for the
promotion of physical development for a
substantial portion of the day which shall
include varied, developmentally appropriate
physical activities. A safe clean, uncluttered
area that allows freedom of movement shall
be available for infants to crawl or creep and
for toddlers to move around. both indoors
and outdoors.
(4) Hands-on experiences, including both
familiar and new activities, shall be
provided to enable the infant or toddler to
learn about himself and the world. world
both indoors and outdoors.
(b) The center shall provide time and space for sleeping,
eating, toileting, diaper changing, and playing according to
each child's individual need.
(c) The caregivers shall interact in a positive manner with
each child every day, including the following ways:
(1) Caregivers shall respond promptly to an
infant or toddler's physical and emotional
needs, especially when indicated by crying
through actions such as but not limited to the
following: feeding, diapering, holding,
positive touching, smiling, talking and eye
contact.
(2) The caregiver shall recognize the special
difficulties of infant and toddler separations
and assist families, infants, and toddlers to
make the transition from home to center as
gently as possible, such as a phased-in
orientation process to allow infants and
toddlers to experience limited amounts of
time at the center before becoming fully
integrated.
(3) A caregiver or team of caregivers shall be
assigned to each infant or toddler as the
primary caregiver(s) who shall be
responsible for care the majority of the time.
(4) The caregiver shall make provision for
constructive guidance and the setting of
limits that the child can understand which
foster the infant's or toddler's ability to be
self-disciplined, as appropriate to the child's
age and development.
(5) In drop-in centers, effort shall be made to
place an infant or toddler, who uses the
center frequently, with the same caregiver.
(d) Each child shall have the opportunity to be outdoors daily
when weather conditions permit.
(e)(d) While awake, each child under the age of 12 months
shall be given the opportunity each day to play while
positioned on his or her stomach.
(e) Screen time, including, but not limited to television,
videos, video games, and computer usage, shall be prohibited.
Authority G.S. 110-85; 110-91(2),(12); 143B-168.3.
SECTION .0600 - SAFETY REQUIREMENTS FOR
CHILD CARE CENTERS
10A NCAC 09 .0604 GENERAL SAFETY
REQUIREMENTS
(a) Potentially hazardous items, such as firearms and
ammunition, archery equipment, hand and power tools, nails,
chemicals, lawn mowers, gasoline or kerosene, archery
equipment, propane stoves, whether or not intended for use by
children, shall be stored in locked areas or with other
appropriate safeguards, or shall be removed from the
premises.
(b) Firearms and ammunition are prohibited in a licensed
child care program unless carried by a law enforcement
officer.
(b)(c) Electrical outlets not in use which are located in space
used by the children shall be covered with safety plugs unless
located behind furniture or equipment that cannot be moved
by a child.
(c)(d) Electric fans shall be mounted out of the reach of
children or shall be fitted with a mesh guard to prevent access
by children.
(d)(e) All electrical appliances shall be used only in
accordance with the manufacturer's instructions.
(e)(f) Electrical cords shall not be accessible to infants and
toddlers. Extension cords, except as approved by the local fire
inspector, shall not be used. Frayed or cracked electrical cords
shall be replaced.
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499
(f)(g) All materials used for starting fires, such as matches
and lighters, shall be kept in locked storage or shall be stored
out of the reach of children.
(g)(h) Smoking is not permitted in space used by children
when children are present. All smoking materials shall be
kept in locked storage or out of the reach of children.
(h)(i) Fuel burning heaters, fireplaces and floor furnaces shall
be provided with a protective screen attached securely to
substantial supports to prevent access by children and to
prevent objects from being thrown into them.
(i)(j) Plants that are toxic shall not be in indoor or outdoor
space that is used by or is accessible to children.
(j)(k) Air conditioning units shall be located so that they are
not accessible to children or shall be fitted with a mesh guard
to prevent objects from being thrown into them.
(k)(l) Gas tanks shall be located so they are not accessible to
the children or shall be in a protective enclosure or surrounded
by a protective guard.
(l)(m) Cribs and playpens shall be placed so that the children
occupying them shall not have access to cords or ropes, such
as venetian blind cords.
(m)(n) Once a day, prior to initial use, the The indoor and
outdoor premises shall be checked daily for debris, vandalism,
and broken equipment. Debris shall be removed and disposed.
(n)(o) Plastic bags, toys, and toy parts small enough to be
swallowed, and materials that can be easily torn apart such as
foam rubber and styrofoam, shall not be accessible to children
under three years of age, except that styrofoam plates and
larger pieces of foam rubber may be used for supervised art
activities and styrofoam plates may be used for food service.
Latex and rubber balloons shall not be accessible to children
under five years of age.
(o)(p) When non-ambulatory children are in care, a crib or
other device shall be available for evacuation in case of fire or
other emergency. The crib or other device shall be fitted with
wheels in order to be easily moveable, have a reinforced
bottom, and shall be able to fit through the designated fire
exit. For centers that do not meet institutional building code,
and the exit is more than eight inches above grade, the center
shall develop a plan to ensure a safe and timely evacuation of
the crib or other device. This plan shall be demonstrated to a
Division representative for review and approval. During the
monthly fire drills required by Rule 10A NCAC 09
.0302(d)(4), the evacuation crib or other device shall be used
in the manner described in the evacuation plan.
(q) A first aid kit must always be available on site.
Authority G.S. 110-85; 110-91(3),(6); 143B-168.3.
10A NCAC 09 .0606 SAFE SLEEP POLICY
(a) Each center licensed to care for infants aged 12 months or
younger shall develop and adopt a written safe sleep policy
that:
(1) specifies that caregivers shall place infants
aged 12 months or younger on their backs
for sleeping, unless:
(A) for an infant aged six months or
less, the center receives a written
waiver of this requirement from a
health care professional, provider,
as defined in G.S. 58-50-61(a)(8);
or
(B) for an infant older than six months,
the center receives a written waiver
of this requirement from a health
care professional, provider, as
defined in G.S. 58-50-61(a)(8), or
a parent, or a legal guardian;
(2) specifies whether pillows, blankets, toys, or
other objects may be placed with a sleeping
infant aged 12 months or younger, and if so,
specifies the number and types of allowable
objects;
(3) specifies that nothing shall be placed over
the head or face of an infant aged 12 months
or younger when the infant is laid down to
sleep;
(4) specifies that the temperature in the room
where infants aged 12 months or younger
are sleeping does not exceed 75 F;
(5) specifies the means by which caregivers
shall visually check on sleeping infants aged
12 months or younger;
(6) specifies the frequency with which
caregivers shall visually check on sleeping
infants aged 12 months or younger;
(7) specifies how caregivers shall document
compliance with visually checking on
sleeping infants aged 12 months or younger
with such documents to be maintained for a
minimum of one month;
(8) specifies any other steps the center shall take
to provide a safe sleep environment for
infants aged 12 months or younger.
(b) The center shall post a copy of its safe sleep policy or a
poster about infant safe sleep practices in a prominent place in
the infant room.
(c) A copy of the center's safe sleep policy shall be given and
explained to the parents of an infant aged 12 months or
younger on or before the first day the infant attends the
center. The parent shall sign a statement acknowledging the
receipt and explanation of the policy. The acknowledgement
shall contain:
(1) the infant's name;
(2) the date the infant first attended the center;
(3) the date the center's safe sleep policy was
given and explained to the parent; and
(4) the date the parent signed the
acknowledgement.
The center shall retain the acknowledgement in the child's
record as long as the child is enrolled at the center.
(d) If a center amends its safe sleep policy, it shall give
written notice of the amendment to the parents of all enrolled
infants aged 12 months or younger at least 14 days before the
amended policy is implemented. Each parent shall sign a
statement acknowledging the receipt and explanation of the
amendment. The center shall retain the acknowledgement in
the child's record as long as the child is enrolled at the center.
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500
(e) A health care provider's professional's or parent's waiver
of the requirement that all infants aged 12 months or younger
be placed on their backs for sleeping as specified in
Subparagraph (a)(1) of this Rule shall:
(1) bear the infant's name and birth date;
(2) be signed and dated by the infant's physician
health care professional or parent; and
(3) specify the infant's authorized sleep
positions;
The center shall retain the waiver in the child's record as long
as the child is enrolled at the center.
(f) For each infant with a waiver on file at the center as
specified in Paragraph (e) of this Rule, a notice shall be posted
for quick reference near the infant's crib, bassinet, or play pen
that shall include:
(1) the infant's name;
(2) the infant's authorized sleep position; and
(3) the location of the signed waiver.
No confidential medical information, including an infant's
medical diagnosis, shall be shown on the notice.
(g) The center's safe sleep policy shall be developed and
shared with parents of infants currently enrolled within 30
days of this Rule becoming effective.
Authority G.S. 110-85; 110-91(15); 143B-168.3.
SECTION .0700 - HEALTH AND OTHER STANDARDS
FOR CENTER STAFF
10A NCAC 09 .0701 HEALTH STANDARDS FOR
STAFF
(a) All personnel, including the director, shall have on file
within 60 days of the date of employment, a statement signed
by a health care professional licensed physician or an
authorized health professional under his/her supervision, that
indicates that the person is emotionally and physically fit to
care for children. When submitted the medical statement shall
not be older than 12 months. For the purposes of this Rule, an
authorized health professional means a nurse practitioner or
physician assistant currently approved to perform medical acts
by the North Carolina Board of Medical Examiners.
(b) The Division, or the director of the child care center, may
request another evaluation of an employee's emotional and
physical fitness to care for children when there is reason to
believe that there has been deterioration in the person's
emotional or physical fitness to care for children.
(c) A test showing each employee, including the director, to
be free of active tuberculosis is required prior to employment.
The results indicating the individual is free of active
tuberculosis shall be obtained within the 12 months prior to
the date of employment.
(d) Each employee, including the director, shall also annually
submit a medical statement from a licensed physician or a
authorized health care professional, professional as defined in
(a) of this Rule, or must complete a health questionnaire
giving information about the status of his/her health on a form
provided by the Division.
(e) Staff medical statements, proof of a tuberculosis test, and
completed health questionnaires shall be included in the
employee's individual personnel file in the center.
(f) Emergency medical care information shall be on file for
each individual staff person. That information shall include
the name, address, and telephone number of the person to be
contacted in case of an emergency, the responsible party's
choice of health care provider, professional, and preferred
hospital; any chronic illness the individual has and any
medication taken for that illness; and any other information
that has a direct bearing on assuring safe medical treatment for
the individual. This emergency medical care information shall
be on file in the center on the staff person's first day of
employment. employment and shall be updated at least
annually.
Authority G.S. 110-85; 110-91(1),(8),(9); 143B-168.3.
10A NCAC 09 .0702 STANDARDS FOR
SUBSTITUTES AND VOLUNTEERS
(a) The substitute staff and volunteers who are counted in the
child care staff/child ratio shall comply with the health
standards contained in this Section.
(b) All substitutes and volunteers not included in the child
care staff/child ratio shall complete the health questionnaire
described in Rule .0701 of this Section prior to the first day of
work and will complete a health questionnaire annually
thereafter as long as they continue to work in the center.
(c) A test showing each substitute and volunteer is free of
active tuberculosis is required prior to the first day of work.
The results of the test shall be obtained within the 12 months
prior to employment or the beginning of the volunteer activity.
This requirement shall apply only to individuals who
volunteer more than once per week.
(d) The age of substitute staff and volunteers shall be verified
prior to the first day of work by documenting the substitute
staff or volunteer's date of birth in the individual's record.
Any substitute teacher shall be at least 18 years old and
literate.
(e) Emergency medical care information as described in Rule
.0701(f) of this Section shall be on file for all substitutes and
volunteers on the person's first day of work. work and shall be
updated at least annually.
Authority G.S. 110-85; 110-91(1),(8),(9); 143B-168.3.
SECTION .0800 - HEALTH STANDARDS FOR
CHILDREN
10A NCAC 09 .0802 EMERGENCY MEDICAL
CARE
(a) Each child care center shall have a written plan which
assures that emergency medical care is available or can be
obtained for children. The plan shall be reviewed during staff
orientation with new staff and with all staff at least twice each
year. This plan shall give the procedures to be followed to
assure that any child who becomes ill or is injured and
requires medical attention while at the center, or while
participating in any activity provided or sponsored by the
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501
center, receives appropriate medical attention. The following
information shall be included in the center's emergency
medical care plan:
(1) The name, address, and telephone number of
a health care professional; physician, nurse,
physician's assistant, nurse practitioner,
community clinic, or local health department
that is available to provide medical
consultation;
(2) The name, address, and telephone number of
the emergency room to be used when the
parents or family physician family's health
care professional cannot be reached or when
transporting the ill or injured child to the
person's preferred hospital could result in
serious delay in obtaining medical attention;
(3) Designation of a means of transportation
always available for use in the event of a
medical emergency;
(4) The name of the person, and his or her
alternate, at the center, responsible for
determining which of the following is
needed, carrying out that plan of action, and
assuring that appropriate medical care is
given:
(A) Simple first aid given at the center
for an injury or illness needing only
minimal attention;
(B) Advice from previously identified
medical consultant in order to
decide if care is to be given at the
center or if the ill or injured child is
to be transported to a designated
medical resource; or
(C) Immediate transportation of the
child to a designated medical
resource for appropriate treatment;
(5) The person(s) at the center responsible for:
(A) Assuring that the signed
authorization described in
Paragraph (c) of this Rule is taken
with the ill or injured child to the
medical facility;
(B) Accompanying the ill or injured
child to the medical facility;
(C) Notifying a child's parents or
emergency contact person about the
illness or injury and where the child
has been taken for treatment;
(D) Notifying the medical facility about
the ill or injured child being
transported for treatment; and
(E) Obtaining substitute staff, if
needed, to maintain required
staff/child ratio and adequate
supervision of children who remain
in the center;
(6) A statement giving the location of the
telephone located on the premises which is
in good working condition and is always
available for use in case of emergency.
Telephone numbers for the fire department,
law enforcement office, emergency medical
service, and poison control center shall be
posted near the telephone. A telephone
located in an office in the center that is
sometimes locked during the time the
children are present cannot be designated for
use in an emergency.
(b) Emergency medical care information shall be on file for
each individual child. That information shall include the
name, address, and telephone number of the parent or other
person to be contacted in case of an emergency, the
responsible party's choice of health care provider, professional
and preferred hospital; any chronic illness the individual has
and any medication taken for that illness; and any other
information that has a direct bearing on assuring safe medical
treatment for the child. This emergency medical care
information shall be on file in the center on the child's first day
of attendance. attendance and shall be updated at least
annually.
(c) Each child's parent, legal guardian, or full-time custodian
shall sign a statement authorizing the center to obtain medical
attention for the child in an emergency. That statement shall
be on file on the first day the child attends the center. It shall
be easily accessible to staff so that it can be taken with the
child whenever emergency medical treatment is necessary.
(d) An incident report shall be completed each time a child
receives medical treatment by a physician, nurse, physician's
assistant, nurse practitioner, health care professional,
community clinic, or local health department, as a result of an
incident occurring while the child is at the child care center.
This incident report shall include, at a minimum: child's name,
date and time of incident, part of body injured, type of injury,
names of adult witnesses to incident, description of how and
where incident occurred, piece of equipment involved (if any),
treatment received and steps taken to prevent reoccurrence.
This report shall be signed by the person completing it and by
the parent, and maintained in the child's file. A copy of the
incident report shall be mailed to a representative of the
Division within seven calendar days after treatment.
(e) An incident log shall be completed any time an incident
report is completed. This log shall be cumulative and
maintained in a separate file and shall be available for review
by a representative of the Division. This log shall be
completed on a form provided by the Division.
Authority G.S. 110-85; 110-91(1),(9); 143B-168.3.
SECTION .0900 - NUTRITION STANDARDS
10A NCAC 09 .0901 GENERAL NUTRITION
REQUIREMENTS
(a) Meals and snacks served shall comply with the Meal
Patterns for Children in Child Care standards which are based
on the recommended nutrient intake judged by the National
Research Council to be adequate for maintaining good
nutrition. The types of food, number and size of servings shall
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502
be appropriate for the ages and developmental levels of the
children in care. The Meal Patterns for Children in Child Care
nutrition standards are incorporated by reference and include
subsequent amendments. A copy of these standards is
available free of charge from the Division at the address in
Rule .0102(1) of this Subchapter. Chapter.
(b) Menus for nutritious meals and snacks shall be planned at
least one week in advance. At least one dated copy of the
current week's menu shall be posted where it can be seen
easily by parents and food preparation staff when food is
prepared or provided by the center, except in centers with a
licensed capacity of three 3 to 12 children located in a
residence. A variety of food shall be included in meals and
snacks. Any substitution will be of comparable food value
and will be recorded on the menu.
(c) When children bring their own food for meals or snacks to
the center, if the food does not meet the nutritional
requirements specified in Paragraph (a) of this Rule, the center
must provide additional food necessary to meet those
requirements.
(d) Drinking water must be freely available to children of all
ages and offered at frequent intervals. Approved drinking
fountains or individual drinking utensils shall be provided.
When a private water supply is used, it must be tested by and
meet the requirements of the Department of Environment and
Natural Resources.
(e) Children's special diets or food allergies shall be posted in
the food preparation area and in the child's eating area.
(f) The food required by special diets may be provided by the
center or may be brought to the center by the parents. If the
diet is prescribed by a health care provider, professional, a
statement signed by the health care provider professional shall
be on file at the center and written instructions shall be
provided by the child's parent, health care provider,
professional, or a registered dietitian. If the diet is not
prescribed by a health care provider, professional, written
instructions shall be provided by the child's parent and shall be
on file at the center.
(g) Food and beverages with little or no nutritional value
served as a snack, such as sweets, fruit drinks, soft drinks, etc.,
will be available only for special occasions.
(h) The center shall provide seating and an electrical outlet, if
needed, for mothers while they are breastfeeding or expressing
milk.
Authority G.S. 110-85; 110-91(2); 143B-168.3.
SECTION .1400 - SPACE REQUIREMENTS
10A NCAC 09 .1403 AQUATIC ACTIVITIES
(a) The requirements in this Rule apply to aquatic activities,
which are defined as activities that take place in, on, or around
a body of water such as swimming, swimming instruction,
wading, visits to water parks, and boating. Aquatic activities
do not include water play activities such as water table play,
slip and slide activities, or playing in sprinklers.
(b) For every 25 children in care participating in aquatic
activities, there shall be at least one person who has a current
life guard training certificate issued by the Red Cross or other
training determined by the Division to be equivalent to the
Red Cross training, appropriate for both the type of body of
water and type of aquatic activities. These certified lifeguards
shall not be counted in the required staff-child ratios
referenced in Paragraph (d) of this Rule.
(c) Children under the age of three shall not participate in
aquatic activities except, to the extent necessary, to implement
any child's Individualized Family Service Plan (IFSP) or
Individualized Education Program (IEP).
(d) The following staff-child ratios shall be maintained
whenever children participate in aquatic activities:
Age of Children Ratio Staff/Children
3 to 4 Years 1/8
4 to 5 Years 1/10
5 Years and Older 1/13
Notwithstanding the staff-child ratios, at no time shall there be
fewer than two staff members supervising the aquatic activity.
(e) Children shall be adequately supervised by center staff at
all times while participating in aquatic activities. Adequate
supervision shall mean that half of the center staff needed to
meet the staff-child ratios in Paragraph (d) of this Rule is in
the water and the other half is out of the water. If an uneven
number of staff are needed to meet the required staff-child
ratios, the majority shall be in the pool. Staff shall be
stationed in pre-assigned areas that will enable them at all
times to hear, see, and respond quickly to the children who are
in the water and children who are out of the water. Children
shall not enter the water before center staff are stationed in
their pre-assigned areas. Center staff shall devote their full
attention to supervising the children in their pre-assigned areas
of coverage and shall communicate with one another about
children moving from one area to another area.
(f) Prior to children participating in aquatic activities, the
center shall develop policies that address the following:
(1) aquatic safety hazards;
(2) pool and aquatic activity area supervision
including restroom or changing room use;
(3) how discipline is handled during aquatic
activities; and
(4) the facility's specific field trip and
transportation policies and procedures.
(g) Before staff first supervise children on an aquatic activity,
and annually thereafter, staff shall sign and date statements
that they have reviewed:
(1) the center policies as specified in Paragraph
(f) of this Rule;
(2) any specific guidelines provided by the pool
operator or other off-site aquatic facility;
and
(3) the requirements of this Rule.
The current statement shall be maintained in the staff person's
personnel file for one year or until it is superseded by a new
statement.
(h) Any outdoor swimming pool which is located on the child
care facility premises shall be enclosed by a fence and shall be
separated from the remaining outdoor play area by that fence.
(i) Swimming pool safety rules shall be posted near any
swimming pool located on the child care facility premises. At
a minimum, these Rules shall state:
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503
(1) the location of a first-aid kit;
(2) that only water toys are permitted;
(3) that children shall not run or push one
another;
(4) that swimming is allowed only when an
adult is present; and
(5) that glass objects are not allowed.
(j) All swimming pools used by children shall meet the
"Rules Governing Public Swimming Pools" in accordance
with 15A NCAC 18A .2500 which are incorporated by
reference, including subsequent amendments. A copy of these
Rules is on file with the Division of Child Development, 319
Chapanoke Road, Raleigh, NC 27626, 27603, or may be
obtained at no cost by writing the North Carolina Division of
Environmental Health, 1630 Mail Service Center, Raleigh, NC
27699-1630.
(k) Children shall wear an age or size appropriate life jacket
whenever they participate in boating, rafting or canoeing
activities.
Authority G.S. 110-85; 110-88(5); 110-91(1),(6); 143B-168.3.
SECTION .1500 - TEMPORARY CARE
REQUIREMENTS
10A NCAC 09 .1505 BUILDING APPROVAL FOR
SCHOOL-AGED CARE
Any building which is currently approved for school
occupancy and which houses a public or private school during
the school year shall be considered an approved building to
house any temporary care arrangement for school-aged
children only. The operator of the arrangement will be
responsible for obtaining and submitting copies of all
applicable inspection reports to document such approval.
Authority G.S. 110-92; 143B-168.3.
SECTION .1700 –FAMILY CHILD CARE HOME
REQUIREMENTS
10A NCAC 09 .1702 APPLICATION FOR A
LICENSE FOR A FAMILY CHILD CARE HOME
(a) Any person who plans to operate a family child care home
shall apply for a license using a form provided by the
Division. The applicant shall submit the completed
application, which complies with the following, to the
Division:
(1) Only one licensed family child care home
shall operate at the location address of any
home.
(2) The applicant shall list each location address
where a licensed family child care home will
operate.
(b) When a family child care home will operate at more than
one location address by cooperative arrangement among two
or more families, the following procedures shall apply:
(1) One parent whose home is used as a location
address shall be designated the coordinating
parent and shall co-sign the application with
the applicant.
(2) The coordinating parent is responsible for
knowing the current location address at all
times and shall provide the information to
the Division upon request.
(c) The applicant shall assure that the structure in which the
family child care home is located complies with the following
requirements:
(1) The North Carolina Building Code for
family child care homes or have written
approval for use as a family child care home
by the local building inspector as follows:
(A) Meet North Carolina Residential
Building Code or be a
manufactured home bearing a third
party inspection label certifying
compliance with the Federal
Manufactured Home Construction
and Safety Standards or certifying
compliance with construction
standards adopted and enforced by
the State of North Carolina.
Homes shall be installed in
accordance with North Carolina
Manufactured/Mobile Home
Regulations published by the NC
Department of Insurance.
Exception: Single wide
manufactured homes will be
limited to a maximum of three
preschool-aged preschool-age
children (not more than two may be
two years of age or less) and two
school-aged school-age children.
(B) All children are kept on the ground
level with an exit at grade.
(C) All homes are equipped with an
electrically operated (with a battery
backup) smoke detector, or one
electrically operated and one
battery operated smoke detector
located next to each other.
(D) All homes are provided with at
least one five lb. 2-A: 10-B: C type
extinguisher readily accessible for
every 2,500 square feet of floor
area.
(E) Fuel burning space heaters,
fireplaces and floor furnaces which
are listed and approved for that
installation and are provided with a
protective screen attached securely
to substantial supports will be
allowed. However, unvented fuel
burning heaters and portable
electric space heaters of all types
are prohibited.
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504
(2) All indoor areas used by children are heated
in cool weather and ventilated in warm
weather.
(3) Hot pipes or radiators which are accessible
to the children are covered or insulated.
(4) Accommodations for breastfeeding mothers
shall be provided that include seating and an
electrical outlet for mothers while they are
breastfeeding or expressing milk.
(d) The applicant shall also submit supporting documentation
with the application for a license to the Division. The
supporting documentation shall include a copy of the certified
criminal history check from the Clerk of Superior Court's
office in the county or counties where the applicant and any
household member(s) over age 15, have resided during the
previous 12 months; a copy of documentation of completion
of a first aid and cardiopulmonary resuscitation (CPR) course;
proof of negative results of the applicant's tuberculosis test
completed within the past 12 months; a completed health
questionnaire; a copy of current pet vaccinations for any pet in
the home; a negative well water bacteriological analysis if the
home has a private well; copies of any inspections required by
local ordinances; and any other documentation required by the
Division according to these Rules to support the issuance of a
license.
(e) Upon receipt of a complete application and supporting
documentation, a Division representative shall make an
announced visit to each home unless the applicant meets the
criteria in Paragraph (g) of this Rule to determine compliance
with the requirements to offer technical assistance when
needed, and to provide information about local resources.
(1) If all applicable requirements of G.S. 110
and this Section are met, a license shall be
issued.
(2) If the applicable requirements are not met
but the applicant has the potential to comply,
the Division representative shall establish
with the applicant a time period for the
home to achieve full compliance. If the
Division representative determines that all
applicable requirements are met within the
established time period, a license shall be
issued.
(3) If all applicable requirements are not met or
cannot be met within the established time,
the Division shall deny the application.
Final disposition of the recommendation to
deny is the decision of the Division.
(f) The Division may allow the applicant to temporarily
operate prior to the Division representative's visit described in
Paragraph (e) of this Rule, when the applicant is currently
licensed as a family child care home operator, needs to
relocate, notifies the Division of the relocation, and the
Division representative is unable to visit before the relocation
occurs. A person is not able to operate legally until he or she
has received from the Division either temporary permission to
operate or a license.
(g) When a person applies for a family child care home
license, the Secretary may deny the application for the license
under the following circumstances:
(1) if any child care facility license previously
held by that person has been denied, revoked
or summarily suspended by the Division;
(2) if the Division has initiated denial,
revocation or summary suspension
proceedings against any child care facility
license previously held by that person and
the person voluntarily relinquished the
license;
(3) during the pendency of an appeal of a
denial, revocation or summary suspension of
any child care facility license previously
held by that person;
(4) if the Division determines that the applicant
has a relationship with an operator or former
operator who previously held a license under
an administrative action described in
Subparagraph (g)(1), (2), or (3) of this Rule.
As used in this Rule, an applicant has a
relationship with a former operator if the
former operator would be involved with the
applicant's child care facility in one or more
of the following ways:
(A) would participate in the
administration or operation of the
facility;
(B) has a financial interest in the
operation of the facility;
(C) provides care to the children at the
facility;
(D) resides in the facility; or
(E) would be on the facility's board of
directors, be a partner of the
corporation, or otherwise have
responsibility for the administration
of the business;
(5) based on the person's previous non-compliance
as an operator with the
requirements of G.S. 110 and this
Subchapter; Chapter; or
(6) if abuse or neglect has been substantiated
against the person, or if abuse or neglect was
substantiated against a household member.
(h) Use of the license is limited to the following conditions:
(1) The license cannot be bought, sold, or
transferred from one individual to another.
(2) The license is valid only for the location
address/addresses listed on it.
(3) The license must be returned to the Division
in the event of termination, revocation,
suspension, or summary suspension.
(4) The license shall be displayed in a
prominent place that parents are able to view
daily and shall be shown to each child's
parent when the child is enrolled.
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505
(i) A licensee is responsible for notifying the Division
whenever a change occurs which affects the information
shown on the license.
Authority G.S. 110-85; 110-88(5); 110-91; 110-93; 110-99;
143B-168.3.
10A NCAC 09 .1703 CAREGIVER INTERACTIONS
Caregivers will relate to children in positive ways by helping
them feel welcome and comfortable, treating them with
respect, listening to what they say, responding to them with
acceptance and appreciation and participating in many
activities with the children. Caregivers shall:
(1) Make eye contact whenever possible when
speaking to children.
(2) Actively engage children in conversation to
share experiences, ideas and opinions.
(3) Help children develop problem-solving
skills.
(4) Facilitate learning by providing positive
reinforcement, encouraging efforts and
recognizing accomplishments.
Authority G.S. 110-85; 110-91(8), (11); 143B-168.3.
10A NCAC 09 .1718 REQUIREMENTS FOR DAILY
OPERATIONS
The operator shall provide the following on a daily basis for
all children in care:
(1) Meals and snacks which comply with the
Meal Patterns for Children in Child Care
standards which are based on the
recommended nutrient intake judged by the
National Research Council to be adequate
for maintaining good nutrition. The types of
food and number and size of servings shall
be appropriate for the ages and
developmental levels of the children in care.
The Meal Patterns for Children in Child
Care nutrition standards are incorporated by
reference and include subsequent
amendments. A copy of these standards is
available free of charge from the Division at
the address in Rule .0102 of this Chapter.
(2) No child shall go more than four hours
without a meal or a snack being provided.
(3) Drinking water shall be freely available to
children and offered at frequent intervals.
(4) When milk, milk products, or fruit juices are
provided by the operator, only pasteurized
products or products which have undergone
an equivalent process to pasteurization shall
be used. Any formula which is prepared by
the operator shall be prepared according to
the instructions on the formula package or
label, or according to written instructions
from the child's health care provider.
professional.
(5) Each infant shall be held for bottle feeding
until able to hold his or her own bottle.
Bottles shall not be propped. Each child
shall be held or placed in feeding chairs or
other age-appropriate seating apparatus to be
fed.
(6) The parent or health care provider
professional of each child under 15 months
of age shall provide the operator an
individual written feeding schedule for the
child. This schedule shall be followed at the
home. This schedule shall include the child's
name, be signed by the parent or health care
provider, professional, and be dated when
received by the operator. Each infant's
schedule shall be modified in consultation
with the child's parent or health care
provider professional to reflect changes in
the child's needs as he or she develops.
(7) Frequent opportunities for outdoor play or
fresh air. Developmentally appropriate
equipment and materials shall be provided
for a variety of outdoor activities which
allow for vigorous play, large and small
muscle development and social, emotional,
and intellectual development. Each child
shall have the opportunity for outdoor play
each day that weather conditions permit.
The operator shall provide space and time
for vigorous indoor activities when children
cannot play outdoors.
(8) An individual sleeping space such as a bed,
crib, play pen, cot, mat, or sleeping bag with
individual linens for each pre-school aged
child in care for four hours or more, or for
all children if overnight care is provided, to
rest comfortably. Individual sleep
requirements for infants aged 12 months or
younger shall be provided for as specified in
10A NCAC 09 .1724(a)(2). Linens shall be
changed weekly or whenever they become
soiled or wet.
(9) A quiet, separate area which can be easily
supervised for children too sick to remain
with other children. Parents shall be notified
immediately if their child becomes too sick
to remain in care.
(10) Adequate supervision as described below:
(a) For children who are awake, staff
shall interact with the children
while moving about the indoor or
outdoor area, and shall be able to
hear and see the children at all
times, except when emergencies
necessitate that direct supervision is
impossible for brief periods of
time.
(b) For children who are sleeping or
napping, the staff are not required
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506
to visually supervise them, but shall
be able to hear and respond quickly
to them. Children shall not sleep or
nap in a room with a closed door
between the children and the
supervising staff. The staff shall be
on the same level of the home
where children are sleeping or
napping.
(11) A safe sleep environment by ensuring that
when a child is sleeping or napping, bedding
or other objects shall not be placed in a
manner that covers the child's face.
(12) The opportunity each day for each child
under the age of 12 months to play while
awake while positioned on his or her
stomach.
(13) Developmentally appropriate activities as
planned on a written schedule. Materials or
equipment shall be available indoors and
outdoors to support the activities listed on
the written schedule. The written schedule
shall:
(a) Show blocks of time usually
assigned to types of activities and
shall include periods of time for
both active play and quiet play or
rest; and
(b) Be displayed in a place where
parents are able to view; and
(c) Reflect daily opportunities for both
free-choice and guided activities.
activities;
(d) Include a minimum of one hour of
outdoor play throughout the day, if
weather conditions permit; and
(e) Include a daily gross motor activity
which may occur indoors or
outdoors.
(14) When screen time, including, but not limited
to television, videos, video games, and
computer usage, is provided, it shall be:
(a) Offered only as a free choice
activity,
(b) Limited to no more than two and a
half hours per week for each child
two years of age and older,
(c) Used to meet a developmental goal.
Usage time periods may be extended for
specific special events, projects, occasions
such as a current event, homework, holiday,
or birthday celebration. Screen time is
prohibited for children under the age of two
years. The operator shall offer alternate
activities for children under the age of two
years.
Authority G.S. 110-85; 110-88; 110-91(2),(12).
10A NCAC 09 .1721 REQUIREMENTS FOR
RECORDS
(a) The operator shall maintain the following health records
for each child who attends on a regular basis, including his or
her own preschool child(ren):
(1) a copy of the child's health assessment as
required by G.S. 110-91(1);
(2) a copy of the child's immunization record;
(3) a health and emergency information form
provided by the Division that is completed
and signed by a child's parent. The
completed form shall be on file the first day
the child attends. An operator may use
another form other than the one provided by
the Division, as long as the form includes
the following information:
(A) the child's name, address, and date
of birth;
(B) the names of individuals to whom
the child may be released;
(C) the general status of the child's
health;
(D) any allergies or restrictions on the
child's participation in activities
with specific instructions from the
child's parent or physician;
(E) the names and phone numbers of
persons to be contacted in an
emergency situation;
(F) the name and phone number of the
child's physician and preferred
hospital; and
(G) authorization for the operator to
seek emergency medical care in the
parent's absence;
(4) when medication is administered,
authorization for the operator to administer
the specific medication according to the
parent's or physician's instructions.
(b) The operator shall complete and maintain other records
which include:
(1) documentation of the operator's procedures
in emergency situations, on a form which is
provided by the Division;
(2) documentation that monthly fire drills are
practiced. The documentation shall include
the date each drill is held, the time of day,
the length of time taken to evacuate the
home, and the operator's signature;
(3) incident reports that are completed each time
a child receives medical treatment by a
physician, nurse, physician's assistant, nurse
practitioner, community clinic, or local
health department, as a result of an incident
occurring while the child is in the family
child care home. Each incident shall be
reported on a form provided by the Division,
signed by the operator and the parent, and
maintained in the child's file. A copy shall
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507
be mailed to a representative of the Division
within seven calendar days after the incident
occurs;
(4) an incident log which is filled out any time
an incident report is completed. This log
shall be cumulative and maintained in a
separate file and shall be available for
review by a representative of the Division.
This log shall be completed on a form
supplied by the Division;
(5) documentation that a monthly check for
hazards on the outdoor play area is
completed. This form shall be supplied by
the Division and shall be maintained in the
family child care home for review by a
representative of the Division; and
(6) Accurate daily attendance records for all
children in care, including the operator's
own preschool children. The attendance
record shall indicate the date and time of
arrival and departure for each child.
(c) Written records shall be maintained as follows:
(1) All children's records as required in this
Chapter, except medication permission slips
as required in Rule .1720(c)(13) of this
Section, must be kept on file one year from
the date the child is no longer enrolled.
(2) Additional caregiver records as required in
this Chapter shall be maintained on file one
year from the employee's last date of
employment.
(3) Current program records as required in this
Chapter shall be maintained on file for as
long as the license remains. remains valid.
Prior versions shall be maintained based on
the time frame in the following charts:
(A) A minimum of 30 days from the
revision or replacement date:
Record Rule
Daily Schedule .1718(13)
Infant Feeding
Schedule
.1718(6)
SIDS Sleep
Chart/Visual Check
.1724(8)
(B) A minimum of one year from the
revision or replacement date:
Record Rule
Attendance .1721 (b)(6)
Emergency Numbers .1720(a)(8)
Emergency Procedures
Form
.1721(b)(1)
Field Trip/Transportation
Permission
.1723(1)
Fire Drill Log .1721(b)(2)
Incident Log .1721(b)(4)
Playground Inspection .1721(b)(5)
Pet Vaccinations .1720(d)(10)
(4) Well-water analysis, pool inspection and
inspections for local ordinances as
referenced in Rules .1720(d)(1), .1719(7),
and .1702(d) of this Section shall remain on
file at the family child care home for as long
as the license remains valid.
(5) Records may be maintained in a paper
format or electronically, except that records
that require a signature of a staff person or
parent shall be maintained in a paper format.
(6) All records required in this Chapter shall be
available for review by a representative of
the Division.
Authority G.S. 110-85; 110-88; 110-91(1), (9).
10A NCAC 09 .1724 SAFE SLEEP POLICY
(a) Each operator licensed to care for infants aged 12 months
or younger shall develop and adopt a written safe sleep policy
that:
(1) specifies that the operator shall place infants
aged 12 months or younger on their backs
for sleeping, unless:
(A) for an infant aged six months or
less, the operator receives a written
waiver of this requirement from a
health care provider, professional;
as defined in G.S. 58-50-61(a)(8);
or
(B) for an infant older than six months,
the operator receives a written
waiver of this requirement from a
health care provider, professional,
as defined in G.S. 58-50-61(a)(8),
or a parent, or a legal guardian;
(2) specifies that infants aged 12 months or
younger shall be placed in a crib, bassinet or
play pen with a firm padded surface when
sleeping;
(3) specifies whether pillows, blankets, toys,
and other objects may be placed in a crib
with a sleeping infant aged 12 months or
younger, and if so, specifies the number and
types of allowable objects;
(4) specifies that nothing shall be placed over
the head or face of an infant aged 12 months
or younger when the infant is laid down to
sleep;
(5) specifies that the temperature in the room
where infants aged 12 months or younger
are sleeping does not exceed 75 F;
(6) specifies the means by which the operator
shall visually check sleeping infants aged 12
months or younger;
(7) specifies the frequency with which the
operator shall visually check sleeping
infants aged 12 months or younger;
(8) specifies how the operator shall document
compliance with visually checking on
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508
sleeping infants aged 12 months or younger,
with such documents to be maintained for a
minimum of one month;
(9) specifies any other steps the operator shall
take to provide a safe sleep environment for
infants aged 12 months or younger.
(b) The operator shall post a copy of the safe sleep policy or a
poster about safe sleep practices in a prominent place in the
infant sleeping room or area.
(c) A copy of the operator's safe sleep policy shall be given
and explained to the parents of an infant aged 12 months or
younger on or before the first day the infant attends the home.
The parent shall sign a statement acknowledging the receipt
and explanation of the policy. The acknowledgement shall
contain:
(1) the infant's name;
(2) the date the infant first attended the home;
(3) the date the operator's safe sleep policy was
given and explained to the parent; and
(4) the date the parent signed the
acknowledgement.
The operator shall retain the acknowledgement in the child's
record as long as the child is enrolled at the home.
(d) If an operator amends a home's safe sleep policy, the
operator shall give written notice of the amendment to the
parents of all enrolled infants aged 12 months or younger at
least 14 days before the amended policy is implemented. Each
parent shall sign a statement acknowledging the receipt and
explanation of the amendment. The operator shall retain the
acknowledgement in the child's record as long as the child is
enrolled at the home.
(e) A health care professional's physician's or parent's waiver
of the requirement that all infants aged 12 months or younger
be placed on their backs for sleeping shall:
(1) bear the infant's name and birth date;
(2) be signed and dated by the infant's physician
health care professional or parent; and
(3) specify the infant's authorized sleep
positions;
The operator shall retain the waiver in the child's record as
long as the child is enrolled at the home.
(f) For each infant with a waiver on file at the home as
specified in Paragraph (e) of this Rule, a notice shall be posted
for quick reference near the infant's crib, bassinet, or play pen
that shall include:
(1) the infant's name;
(2) the infant's authorized sleep position; and
(3) the location of the signed waiver.
No confidential medical information, including an infant's
medical diagnosis, shall be shown on the notice.
(g) The home's safe sleep policy shall be developed and
shared with parents of infants currently enrolled within 30
days of this Rule becoming effective.
Authority G.S. 110-85; 110-91(15); 143B-168.3.
SECTION .2200 - ADMINISTRATIVE ACTIONS AND
CIVIL PENALTIES
10A NCAC 09 .2201 ADMINISTRATIVE
PENALTIES: GENERAL PROVISIONS
(a) Pursuant to G.S. 110-102.2, the secretary or designee may
order one or more administrative penalties against any
operator who violates any provision of Article 7 of Chapter
110 of the General Statutes or of this Chapter.
(b) Nothing in this Section shall restrict the Secretary from
using any other statutory or civil penalty available. A civil
penalty in accordance with G.S. 110-103.1 and Section .2200
of this Chapter may be imposed in conjunction with any other
administrative activity.
(c) The issuance of an administrative penalty may be
appealed pursuant to G.S. 150B-23.
(d) Following the substantiation of any abuse or neglect
complaint or the issuance of any administrative action against
a child care facility, the operator shall shall, within 30 days,
notify the parents of the children currently enrolled that a
complaint was substantiated or that an administrative action
was taken against the facility, including administrative actions
that may be stayed pending appeal. The notification shall be
in writing and shall include information on the nature of the
substantiated complaint or the type of administrative action
taken. The operator shall maintain copies of documentation of
the substantiated complaint investigation or the administrative
action issued against the facility for the past three years in a
binder, which shall be accessible to parents. The written
notice shall state where the binder containing copies of the
substantiated complaint investigation or administrative action
may be found on site for review by the parents. The operator
shall document the date that the written notice was given to all
parents. parents and maintain written documentation that all
parents of children currently enrolled at the facility have
received said notice.
Authority G.S. 110-85; 110-102.2; 110-103.1; 143B-168.3;
150B-23.
SECTION .2500 - CARE FOR SCHOOL-AGE
CHILDREN
10A NCAC 09 .2501 SCOPE
The regulations in this Section apply to all child care centers
offering care to three or more school-aged school-age children
exclusively or as a component of any other program. All rules
in this Subchapter Chapter pertaining to full-time, part-time,
or seasonal child care shall apply to programs for school-aged
school-age children shall apply except as provided in this
Section.
Authority G.S. 110-85; 110-86(3); 110-91; 143B-168.3.
10A NCAC 09 .2502 SPECIAL PROVISIONS FOR
LICENSURE
A center providing care for school-aged children exclusively
shall be issued a license restricting care to school-aged
children as defined in Rule .0102 of this Chapter. A center
providing care for school-aged school-age children
exclusively on a seasonal basis between May 15 and
September 15 shall be licensed as a summer day camp. A
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509
track-out program that operates all four tracks for more than
four hours per day must be licensed.
Authority G.S. 110-85; 110-88(1); 110-91; 143B-168.3.
10A NCAC 09 .2503 BUILDING CODE
REQUIREMENTS
(a) Building code requirements adopted by reference in
Section .1300 of this Subchapter Chapter shall apply for a
facility providing care to school-age children except in the
following situations: when any preschool-age child is also in
care.
(b)(1) Any building which is currently approved
for school occupancy and which houses a
public or private school during the school
year shall be considered an approved
building to house a facility serving
school-age children exclusively. The
operator shall be responsible for obtaining
and submitting copies of all applicable
inspection reports.
(c)(2) For the purpose of carrying out the
provisions of G.S. 110-91(4) for summer
day camps not covered by Paragraphs (a) or
(b) of this Rule, the following North
Carolina Building Codes shall apply to the
structure described in Rule .2504(b):
.2504(b) of this Section:
(1)(A) When the authorized capacity of
the facility is less than 30 children,
the structure shall, at the minimum,
meet the requirements for
residential occupancy as prescribed
in Volume IB of the North Carolina
Building Code. Children may use
only those floors which have at
least one grade level exit.
(2)(B) When the authorized capacity of
the facility is more than 29
children, but less than 100 children,
the structure shall, at the minimum,
meet the North Carolina Building
Code requirements for business
occupancy.
(3)(C) When the authorized capacity of
the facility is more than 99
children, the structure shall, at the
minimum, meet the North Carolina
Building Code requirements for
assembly occupancy, or
educational occupancy or
institutional occupancy.
(d)(b) A copy of the North Carolina Building Code is on file
at the Division of Child Development at the address given in
Rule .0102 of this Subchapter Chapter and shall be available
for public inspection during regular business hours.
Authority G.S. 110-85; 110-88(2); 110-91(4); 143B-168.3.
10A NCAC 09 .2504 SPACE REQUIREMENTS
(a) All space requirements specified in Section .1400 apply
when a facility provides care for school-age children and any
preschool child is also in care, or when a program which
provides care exclusively for school-age children routinely
operates indoors in a permanent structure for more than 25
percent of each day. A gymnasium or other single use room
may be included in the space measured for licensed capacity
when used as primary space.
(b) A facility licensed as a summer day camp shall have a
permanent structure located at the home base which is the
primary site of the summer day camp activities. The
permanent structure may be a building or permanent roofed
shelter with overhang. The summer day camp shall meet one
of the following space requirements:
(1) When activities for children are routinely
conducted outdoors or off the premises for
at least 75 percent of each day, a minimum
of ten 10 square feet per child of indoor
space, exclusive of kitchens, hallways,
restrooms, closets, and storage areas, shall
be provided.
(2) When the camp's home base does not
provide ten 10 square feet of primary space
indoors, the camp shall provide notarized
copies of all letters, agreements, or contracts
with other facilities which guarantee that
children will be accommodated comfortably
indoors in the event of inclement weather.
Authority G.S. 110-85; 110-91(3), (6); 143B-168.3.
10A NCAC 09 .2505 HEALTH REQUIREMENTS
FOR CHILDREN
(a) All requirements of Section .0800 of this Subchapter
Chapter apply to school-age child care arrangements with the
following exceptions:
(1) A medical examination report shall not be
required for any child enrolled in an
accredited or approved public or private
school.
(2) Rule .0806 does not apply.
(3) If the a summer day camp maintains its
master records for children and staff in a
central location, emergency information for
each staff person and child shall always be
on site. The emergency information on site
shall include the name and telephone
numbers of the child's parent or other
responsible person, the child's or staff
person's physician health care professional
or preferred hospital, any chronic illnesses
and medication taken for that illness, any
allergy and recommended treatment for that
allergy, and any other information that has a
direct bearing on medical treatment and safe
care. The parent's signed permission to
obtain medical attention must also be on site
with the child.
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510
(b) All requirements specified in the Nutrition Section .0900
of this Chapter apply. apply when any preschool child is in
care or when food is provided by the facility.
(c) If food is prepared at the summer day camp, the
regulations regarding sanitary facilities, food preparation and
service for summer camps as adopted by the Commission for
Public Health and codified in 15A NCAC 18A .1000 shall
apply. If food is prepared at a licensed track-out program, the
sanitation requirements of child care centers must be met.
(d) If food is brought from home by children or catered, the
following requirements apply:
(1) Sanitary cold storage shall be provided for
perishable snacks or lunches brought from
home.
(2) Safe drinking water shall be available at all
times regardless of where activities are
provided.
Authority G.S. 110-85; 110-91(1), (2); 143B-168.3.
10A NCAC 09 .2506 GENERAL SAFETY
REQUIREMENTS
(a) First aid equipment shall always be available regardless of
where activities are provided.
(b) All regulations in Rule .1403 regarding swimming pools
apply.
(c) Potentially hazardous items, such as archery equipment,
firearms and ammunition, hand and power tools, nails,
chemicals, or propane stoves, or chemicals shall be used by
children only when adult supervision is provided. Such
potentially hazardous items, whether or not intended for use
by the children, shall be stored in locked areas or with other
appropriate safeguards, or shall be removed from the
premises.
(d) All children shall be adequately supervised. Adequate
supervision means staff shall be with the group of children and
able to hear and see each child in his/her care, except:
(1) Children who are developmentally able may
be permitted to go to the restroom
independently, provided that:
(A) Staff members' proximity to
children assures immediate
intervention to safeguard a child
from harm; and
(B) Individuals who are not staff
members may not enter the
restroom area while in use by any
child; and
(C) Children up to nine years of age are
supervised by staff members who
are able to hear the child. Children
nine years of age and older are not
required to be directly supervised,
however, staff members shall know
the whereabouts of children who
have left their group to use the
restroom.
(2) Adequate supervision for children ages nine
and older means that staff shall be with the
group of children and able to hear or see
each child in his/her care. A staff member
shall accompany any children that leave the
group to go indoors or outdoors.
(3) When emergencies necessitate that direct
supervision is impossible for brief periods of
time.
(e) Children shall wear life jackets whenever they participate
in boating, rafting or canoeing activities and children Children
riding bicycles shall must wear bicycle safety helmets.
Authority G.S. 110-85; 110-91; 143B-168.3.
10A NCAC 09 .2508 AGE APPROPRIATE
ACTIVITIES
(a) Child care facilities which provide care to school-age
children shall provide activities appropriate to the age age,
needs and interests of the children.
(b) Opportunities must be provided for children to participate
in the planning and the implementation of activities.
(b)(c) Facilities, other than those operating under the
provisions of G.S. 110-106, which routinely operate a program
of care indoors for school-age children for more than 25
percent of each day in space designated and approved by the
Division for that purpose shall make activities which are
appropriate for the ages of children in care available on a daily
basis. Facilities which operate a school-age component for
three or fewer hours per day shall make at least three of the
following activities available daily; those which operate a
school-age component for more than three hours per day shall
make at least four of the following activities available daily:
(1) Homework with assistance available as
needed from center personnel;
(2) Reading activities;
(3) Hands-on academic enrichment activities
including but not limited to language, math,
science, social studies, or foreign language
activities;
(4) Structured or unstructured physical
activities;
(5) Health education or wellness activities:
(6) Social skills, life skills or problem-solving
activities;
(7) Creative arts activities;
(8) Community awareness activities;
(9) Cultural activities;
(10) Career development activities;
(11) Games or manipulatives;
(12) Sand or water play;
(13) Technology skill-building activities.
(1) active outdoor play,
(2) arts and crafts,
(3) block play,
(4) books and language,
(5) carpentry,
(6) community awareness,
(7) creative art,
(8) cultural studies,
(9) dramatic play,
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511
(10) environmental studies,
(11) field trips,
(12) food experiences,
(13) games for individuals and small groups,
(14) health and safety,
(15) life-related chores,
(16) money-making projects,
(17) music, rhythm and creative movement,
(18) number concepts,
(19) problem solving,
(20) sand and water play,
(21) science and nature,
(22) self help skills,
(23) sewing.
(c) When activities for children are routinely conducted
outdoors or off the premises for at least 75 percent of each
day, equipment and materials shall be provided to enable
children to participate in at least three different activities each
day.
(d) All equipment and materials used by school-age children
shall be appropriate for the age and size of the children using
the items.
(e) When screen time, including, but not limited to, television,
videos, video games, and computer usage, is provided, it shall
be:
(1) Offered as a free choice activity;
(2) Limited to no more than two and a half
hours per week, per child; and
(3) Used to meet a developmental goal.
Usage time periods may be extended for specific special
events, projects, or occasions such as a current event,
homework, researching topics, holiday, or birthday
celebration.
Authority G.S. 110-85; 110-91(6), (12); 143B-168.3.
10A NCAC 09 .2510 STAFF QUALIFICATIONS
(a) The individual who is responsible for ensuring the
administration of the program, whether on-site or off-site,
shall:
(1) Prior to employment, have at least 400 hours
of verifiable experience working with
school-aged school-age children in a
licensed child care program or 600 hours of
verifiable experience working with school-aged
school-age children in an unlicensed
school-age care or camp setting; or have an
undergraduate, graduate, or associate
degree, with at least 12 semester hours in
school-age care related coursework; and
(2) Meet the requirements for a child care
administrator in G.S. 110-91(8).
(b) At least one individual who is responsible for planning
and ensuring the implementation of daily activities for a
school-age program (program coordinator) shall:
(1) Be at least 18 years old and have a high
school diploma or its equivalent prior to
employment;
(2) Have completed two semester credit hours
in child and youth development and two
semester credit hours in school-age
programming. Each individual who does
not meet this requirement shall enroll in
coursework within six months after
becoming employed and shall complete this
coursework within 18 months of
enrollment. An individual who meets the
staff requirements for administrator or lead
teacher shall be considered as meeting the
requirements for program coordinator,
provided the individual completes Basic
School-Age Care (BSAC) training;
Training, or its equivalent; and
(3) In a part day program be on site when
children are in care. For a full day program
be on site for two thirds of the hours of
operation. This includes times when the
individual is off site due to illness or
vacation.
(c) Staff who are responsible for supervising groups of
school-aged school-age children (group leaders) shall be at
least 18 years of age and have a high school diploma or its
equivalent prior to employment, and shall complete the BSAC
Training. Training, or its equivalent.
(d) Staff who assist group leaders (assistant group leaders)
shall be at least 16 years of age and shall complete the BSAC
training. Training, or its equivalent.
(e) The individual who is on-site and responsible for the
administration of the school-age component of a center which
also provides care to preschool-age children, shall meet the
requirements for child care administrator in G.S. 110-91(8)
and Section .0700 of this Chapter.
(f) When an individual has responsibility for both
administering the program and planning and ensuring the
implementation of the daily activities of a school-age program,
the individual shall meet the staff requirements for an
administrator and shall complete the BSAC Training.
Training, or its equivalent.
(g) Completion of the BSAC Training course, or its
equivalent, counts toward meeting five hours of one year's
annual on-going training requirements in Section .0700 of this
Chapter.
(h) Individuals who completed seven hours of school-age
program training as approved by the Division prior to July 1,
2000 are not required to complete the BSAC Training.
(i)(h) As used in this Rule, the term "experience working with
school-aged school-age children" means experience working
with school-aged school-age children as an administrator,
program coordinator, group leader, assistant group leader, lead
teacher, teacher, or aide.
(j)(i) All staff shall receive on-site training and orientation as
follows:
(1) Within the first two weeks of assuming
responsibility for supervising a group of
children, each employee shall complete at
least six clock hours of training on:
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24:08 NORTH CAROLINA REGISTER OCTOBER 15, 2009
512
(A) the recognition of the signs and
symptoms of child abuse or neglect
and in the employee's duty to report
suspected abuse and neglect;
(B) the center's operational policies;
(C) adequate supervision of children,
taking into account their age,
emotional, physical, and cognitive
development.
(2) Within the first six weeks of assuming
responsibility for supervising a group of
children, each employee shall complete at
least three additional clock hours of training
on maintaining a safe and healthy
environment and developmentally
appropriate activities for school-age
children.
(k)(j) Staff in part-time or full day part-time, full day, or
track-out school-age care programs required to complete
BSAC Training or its equivalent, shall do so within three
months of becoming employed. Staff in seasonal school-age
care summer day camp programs required to complete BSAC
Training or its equivalent, shall do so within six four weeks of
becoming employed.
Authority G.S. 110-85; 110-91(8),(11); 143B-168.3.
SECTION .2800 - VOLUNTARY RATED LICENSES
10A NCAC 09 .2801 SCOPE
(a) This Section shall apply to all child care facilities that
have achieved a voluntary rated license of two stars or higher
or that apply to be assessed for a voluntary rated license of
two stars or higher.
(b) A child care facility is eligible for a voluntary rated
license of two through five stars.
(c) No requirement in any component of a two-star or higher
rating shall be less than the requirements for a one-star rating
described in G.S. 110-91 and this Chapter. Prior to issuance
of an initial two through five-star rating, all minimum
requirements in G.S. 110-91 and this Chapter must be in
compliance at the time the program is assessed. The
requirements for a voluntary rated license of two stars or
higher are in addition to the minimum standards found in G.S.
110-91 and this Chapter.
(d) Any program operating prior to January 1, 2006 may
choose to be assessed for a star rating as described in Rules
.2803-.2816 of this Section until January 1, 2008. The
operator may request assessment of their star rating based on
Rules .2817 - .2823 of this Section prior to that date.
(e) For any program that began operation after January 1,
2006 and applies for a voluntary rated license of two through
five stars, the rating shall be assessed according to Rules .2817
- .2823 of this Section.
(f)(d) Nothing in this Section is to preclude or interfere with
issuance of an administrative action as allowed by G.S. 110
and this Chapter.
(g)(e) As used in this Section a two component license refers
to a license issued based on an evaluation of program
standards and education standards. A three component license
refers to a license issued based on an evaluation of program
standards, education standards and compliance history.
Authority G.S. 110-88(7); 110-90(4); 143B-168.3.
10A NCAC 09 .2802 APPLICATION FOR A
VOLUNTARY RATED LICENSE
(a) After a licensed child care center or home has been in
operation for a minimum of six consecutive months, the
procedures in this Rule shall apply to request an initial two-through
five-star rated license or to request that a rating be
changed to a two- through five-star rated license.
(b) The operator shall submit a completed application to the
Division for a voluntary rated license on the form provided by
the Division.
(c) An operator may apply for a star rating based on the total
number of points achieved for each component of the
voluntary rated license. In order to achieve a two- through
five-star rating, for a three component license the minimum
score achieved must be a least five points as follows:
TOTAL NUMBER OF POINTS RATING
5 through 7 Two Stars
8 through 10 Three Stars
11 through 13 Four Stars
14 through 15 Five Stars
In order to achieve a two- through five-star rating, for a two
component license the minimum score achieved must be a
least four points as follows:
TOTAL NUMBER OF POINTS RATING
4 through 6 Two Stars
7 through 9 Three Stars
10 through 12 Four Stars
13 through 15 Five Stars
(d) A Division representative shall assess the facility
requesting a voluntary rated license to determine if all
applicable requirements have been met to achieve the score for
the requested star rating. The assessment may include a
review of Division records and site visits.
(e) The Division shall provide for Infant/Toddler
Environment Rating Scale Revised edition, Early Childhood
Environment Rating Scale - Revised edition, School-Age Care
Environment Rating Scale, or Family Day Care Rating Scale
assessments to be completed, as appropriate for the program,
free of charge to operators requesting an initial three or more
points for program standards.
(f) Upon completion of the Division's assessment:
(1) If the assessment indicates all the applicable
requirements to achieve the score for the
requested rating have been met, the Division
shall issue the rating.
(2) If the assessment indicates all the applicable
requirements to achieve the score for the
requested rating are not met, the Division
shall notify the operator of the requirements
that were not met and the requested
voluntary rating shall not be issued.
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513
(A) Accept the rating for which the
Division has found the operator to
be eligible;
(B) Withdraw the request and reapply
when the identified requirements to
achieve the score for the requested
rating have been met; or
(C) Appeal the denial of the requested
rating as provided in G.S. 110-94.
Authority G.S. 110-88(7); 110-90(4); 143B-168.3.
10A NCAC 09 .2803 PROGRAM STANDARDS FOR
A THREE COMPONENT RATED LICENSE FOR
CHILD CARE CENTERS
(a) This Rule applies to evaluating the program standards for
a three component rated license for child care centers.
(b) To achieve two points for program standards, the center
shall meet all the applicable requirements in Rules .2804 -
.2810(b) of this Section, except that either the space
requirements in Rule .2809 of this Section or the staff/child
ratio requirements in Rule .2810(b) of this Section shall be
met.
(c) To achieve three points for program standards, the center
shall meet all the applicable requirements in Rules .2804 -
.2810(b) of this Section, and have an average score of 4.0 on
the appropriate environment rating scale referenced in Rule
.2802(e) of this Section in each classroom evaluated.
(d) To achieve four points for program standards, the center
shall meet all the applicable requirements in Rules .2804 -
.2810(b) of this Section, and have an average score of 4.5 on
the appropriate environment rating scale referenced in Rule
.2802(e) of this Section in each classroom evaluated.
(e) To achieve five points for program standards, the center
shall meet all the applicable requirements in Rules .2804 –
.2810(c) of this Section, and have an average score of 5.0 on
the appropriate environment rating scale referenced in Rule
.2802(e) of this Section in each classroom evaluated.
(f) For centers with a licensed capacity of three to twelve
children located in a residence, a Family Day Care Rating
Scale shall be the rating scale used in Paragraphs (c), (d), and
(e) of this Rule.
Authority G.S. 110-88(7); 110-90(4); 143B-168.3.
10A NCAC 09 .2810 STAFF/CHILD RATIOS FOR A
THREE COMPONENT RATED LICENSE
(a) This Rule applies to evaluating the staff/child ratios and
maximum group sizes for the program standards for a three
component rated license for child care centers.
(b) The center shall comply with the following staff/child
ratios and maximum group sizes.
AGE OF CHILDREN RATIO STAFF/CHILDREN MAXIMUM GROUP SIZE
0 to 12 Months 1/5 10
1 to 2 Years 1/6 12
2 to 3 Years 1/9 18
3 to 4 Years 1/10 20
4 to 5 Years 1/13 25
5 to 6 Years 1/15 25
6 Years and Older 1/20 25
(c) To earn five points for program standards, the center shall comply with the following staff/child ratios and maximum group sizes.
MAXIMUM
AGE RATIO STAFF/CHILDREN GROUP SIZE
0 to 12 Months 1/4 8
1 to 2 Years 1/5 10
2 to 3 Years 1/8 16
3 to 4 Years 1/9 18
4 to 5 Years 1/12 24
5 to 6 Years 1/14 25
6 Years and Older 1/19 25
(d) The provisions of rules 10A NCAC 09 .0712(a)(1), (2)
and .0713(b) through (j) shall apply in evaluating the
staff/child ratios and maximum group sizes within this Rule.
(e) The staff/child ratio applicable to a classroom shall be
posted in that classroom in an area that parents are able to
view at all times.
Authority G.S. 110-88(7); 110-90(4); 143B-168.3.
10A NCAC 09 .2811 EDUCATION STANDARDS
FOR A RATED LICENSE FOR CHILD CARE
CENTERS
(a) To achieve two points for education standards for a star
rating, child caring staff in the center shall meet the following
requirements:
(1) The on-site administrator shall have:
(A) A Level I North Carolina Early
Childhood Administration
Credential or its equivalent; and
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514
(B) Two years of full-time verifiable
early childhood work experience.
(2) For centers with a licensed capacity of 200
or more, there shall be a second
administrator on-site for a minimum of 20
hours per week who shall have the Level I
North Carolina Early Childhood
Administration Credential or its equivalent.
(3) All lead teachers shall have the North
Carolina Early Childhood Credential or its
equivalent, and 75% of the lead teachers
shall have:
(A) Completed or be enrolled in 3
semester hours in early childhood
education or child development
(not including North Carolina Early
Childhood Credential coursework);
or
(B) One year of full-time verifiable
early childhood work experience.
(4) 50% of the teachers counted in staff/child
ratios shall have:
(A) Completed or be enrolled in two
semester hours in early childhood
education or child development; or
(B) One year of full-time verifiable
early childhood work experience.
(5) For centers with a school-age care
component, the following requirements shall
also apply. Completion of these
requirements may count toward meeting
education and experience requirements in
Paragraph (a)(1) through (a)(4) of this Rule.
(A) If none of the administrator's
verifiable experience includes
working with school aged-children
in a school-age care or camp
setting, he or she shall complete the
Basic School-Age Care (BSAC)
Training.
(B) The individual designated as the
program coordinator as allowed in
Rule .2510 shall have at least 200
hours of verifiable experience
working with school-aged children
in a licensed child care program; or
have at least 300 hours of verifiable
experience working with school-aged
children in an unlicensed
school-age care or camp setting; or
have completed or be enrolled in at
least two semester hours of school-age
care related coursework.
(C) For centers with a school-age care
component with 200 or more
school-aged children enrolled, there
shall be two program coordinators
on site, one of whom shall not have
concurrent group leader
responsibilities. The additional
program coordinator shall meet the
staff requirements in Rule .2510 of
this Chapter.
(b) To a